§ 1263.620.Cessation of Construction of Improvement Or Installation of Machinery Or Equipment In Response to Service of Summons
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 7. Miscellaneous Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1263.620 compensates an owner for reasonable costs incurred to protect an uncompleted improvement or partially installed machinery from injury, damage, or vandalism after construction stops because the eminent domain summons was served, provided the plaintiff had notice or the work was an emergency.
(a)Where summons is served during construction of an improvement or installation of machinery or equipment on the property taken or on the remainder if such property is part of a larger parcel, and the owner of the property ceases the construction or installation due to such service, the owner shall be compensated for his expenses reasonably incurred for work necessary for either of the following purposes:
(1)To protect against the risk of injury to persons or to other property created by the uncompleted improvement.
(2)To protect the partially installed machinery or equipment from damage, deterioration, or vandalism.
(b)The compensation provided in this section is recoverable only if the work was preceded by notice to the plaintiff except in the case of an emergency. The plaintiff may agree with the owner (1) that the plaintiff will perform work necessary for the purposes of this section or (2) as to the amount of compensation payable under this section.
Plain-English Summary
Getting served with an eminent domain summons in the middle of a construction project puts the owner in an awkward spot -- stop building on property that may be condemned, but an unfinished job can be dangerous or exposed. This section lets an owner who stops construction or installation of machinery or equipment because of that service recover the reasonable expense of work needed for two narrow purposes: guarding against injury to people or other property from the unfinished improvement, and protecting partially installed machinery or equipment from damage, deterioration, or vandalism.
That recovery comes with a condition. The work generally has to be preceded by notice to the plaintiff, so the plaintiff has a chance to weigh in before the owner starts spending money -- the only exception is a genuine emergency, where notice is not practical. The plaintiff can also head off any dispute by agreeing up front either to perform the protective work directly or to a set amount of compensation for it.
Frequently Asked Questions
What kind of protective work does this section cover?
Work needed to guard against injury from an unfinished improvement, and work to protect partially installed machinery or equipment from damage, deterioration, or vandalism.
Does the owner need to notify the plaintiff before doing the work?
Yes, except in the case of an emergency.
Can the plaintiff avoid this cost by handling the protective work itself?
Yes, the plaintiff may agree with the owner to perform the necessary work directly, or to agree on the amount of compensation payable instead.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:protect uncompleted improvement eminent domain californiastopped construction condemnation compensation california