Where the required action is caused to be performed by the plaintiff, and the amount available to the trustee under this article is insufficient to meet the actual cost incurred by the plaintiff to complete the required action, the plaintiff may either apply to the court for a new hearing regarding identification of the probable cost, or complete the required action at its own expense and bring an action against the defendant to recover the additional costs.
§ 1263.730.Amount Available to Complete Required Action Insufficient
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts · Enacted 1995 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1263.730 lets a plaintiff who performs the required action, but finds the trustee's funds insufficient to cover the actual cost, either ask the court for a new hearing on the probable cost or complete the work at its own expense and sue the defendant to recover the shortfall.
Full Text of § 1263.730
Plain-English Summary
The 75-percent cap in § 1263.720 protects the defendant's recovery, but it also means the trustee's funds can run short of the actual cleanup cost. This section gives the plaintiff two ways out when that happens, if the plaintiff is the one performing the required action.
The plaintiff can go back to court and ask for a new hearing to reset the probable-cost figure the trustee is working from. Or the plaintiff can finish the job at its own expense and then bring a separate action against the defendant to recover the additional cost. Either path keeps the plaintiff from being stuck absorbing a cleanup bill the original probable-cost estimate underestimated.
Frequently Asked Questions
What can a plaintiff do if trustee funds don't cover the full cleanup cost?
Ask the court for a new hearing on the probable cost, or finish the required action at its own expense and sue the defendant to recover the additional cost.
Does this section apply if the defendant is the one performing the required action?
No, it applies specifically when the plaintiff causes the required action to be performed.
Amendment History
Repealed and added by Stats. 1995, Ch. 247, Sec. 2.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
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