(a) Notwithstanding any action taken pursuant to this article, the plaintiff shall have available all remedies in law that are available to a purchaser of real property with respect to any cost, loss, or liability for which the plaintiff is not reimbursed under this article.
§ 1263.750.Remedies Available to Plaintiff; Plaintiff Entitled to Compensation For Benefit If Plaintiff Abandons Proceedings
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 1263.750 preserves the plaintiff's ordinary remedies as a property purchaser for unreimbursed hazardous-material costs, and if the plaintiff abandons the proceeding, entitles it to an offset or lien against the defendant for the value the remedial action added to the property.
Full Text of § 1263.750
(b) If the plaintiff abandons the proceeding at any time, the plaintiff shall be entitled to compensation for the benefit, if any, conferred on the property by reason of the remedial action performed pursuant to this article. That benefit shall be applied as an offset to the amount of any entitlement to damages on the part of the defendant pursuant to Section 1268.620 or, if it exceeds the amount of those damages, shall constitute a lien upon the property, to the extent of that excess, when recorded with the county recorder in the county in which the real property is located. The lien shall contain the legal description of the real property, the assessor's parcel number, and the name of the owner of record as shown on the latest equalized assessment roll. The lien shall be enforceable upon the transfer or sale of the property, and the priority of the lien shall be as of the date of recording. In determining the amount of the benefit, if any, neither party shall have the burden of proof.
For the purposes of this subdivision, "benefit" means the extent to which the remedial action has enhanced the fair market value of the property.
Plain-English Summary
Nothing in this article strips the plaintiff of remedies it would otherwise have. Subdivision (a) preserves every legal remedy available to an ordinary purchaser of real property for any cost, loss, or liability tied to the hazardous material that this article does not reimburse.
Subdivision (b) covers what happens if the case falls apart after remedial work has already begun. If the plaintiff abandons the proceeding, it is entitled to compensation for whatever benefit the remedial action conferred on the property -- meaning the extent to which the work enhanced the property's fair market value. That benefit first offsets any abandonment damages the defendant is owed under § 1268.620; if the benefit is worth more than those damages, the excess becomes a lien on the property once recorded with the county recorder, describing the property, its assessor's parcel number, and the recorded owner, and running from the date of recording. Neither party carries the burden of proving how big that benefit is.
Frequently Asked Questions
Does this article take away the plaintiff's normal rights as a property purchaser?
No, subdivision (a) preserves those rights for any cost, loss, or liability not reimbursed under the article.
What happens to remedial-action costs if the plaintiff abandons the case?
The plaintiff gets credit for the benefit the work added to the property, offset against any abandonment damages owed to the defendant, with any excess becoming a recorded lien on the property.
Who has to prove how much benefit the remedial action added?
Neither party carries the burden of proof on that question.
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
Also known as: abandon eminent domain hazardous material lien californiaremedial action benefit offset condemnation california