(a) As used in this article, "remedial action" and "removal" shall have the meanings accorded to those terms in Sections 78125 and 78135, respectively, of the Health and Safety Code.
§ 1263.710.Remedial Action and Removal Defined; Required Action Defined
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts · Last amended 2024 · Last verified July 29, 2026
In one sentenceSection 1263.710 defines 'remedial action' and 'removal' by cross-reference to the Health and Safety Code and defines 'required action' as any removal or remedial work regarding hazardous materials that is necessary to satisfy a federal, state, or local legal requirement.
Full Text of § 1263.710
(b) As used in this article, "required action" means any removal or other remedial action with regard to hazardous materials that is necessary to comply with any requirement of federal, state, or local law.
Plain-English Summary
This section opens the article that handles hazardous materials on property a school district is condemning, and it starts with definitions. "Remedial action" and "removal" carry the same meanings the Health and Safety Code gives those terms -- this article does not invent its own vocabulary for the cleanup work itself.
"Required action" is the article's own term, and it is defined broadly: any removal or other remedial action regarding hazardous materials that is necessary to comply with a requirement of federal, state, or local law. That is the trigger the rest of the article builds around -- once a court finds hazardous material present and identifies what required action means for that property, the funding and payment machinery in § 1263.720 and following kicks in.
Frequently Asked Questions
Where do the definitions of 'remedial action' and 'removal' come from?
The Health and Safety Code -- this article adopts those existing definitions rather than creating its own.
What counts as 'required action' under this article?
Any removal or other remedial action regarding hazardous materials that is necessary to comply with a requirement of federal, state, or local law.
Does this article apply beyond school district acquisitions?
No -- § 1263.770 limits the entire article to acquisitions of property by school districts.
Amendment History
Amended by Stats 2022 ch 258 (AB 2327),s 10, eff. 1/1/2023, op. 1/1/2024. Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.
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: hazardous material definitions eminent domain californiarequired action school district condemnation california