§ 1265.410.Acquisition Violates Use Restriction Coupled With Contingent Future Interest Granting Possession Upon Violation
Title 7. Eminent Domain Law · Chapter 10. Divided Interests · Article 4. Future Interests · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1265.410 addresses compensation when condemning property violates a use restriction tied to a contingent future interest, awarding the future-interest holder its value if violation was already imminent or damages to a benefited parcel if not, and preserving a charitable or public use restriction by redirecting compensation to the same purpose.
(a)Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the property upon violation of the use restriction:
(1)If violation of the use restriction was otherwise reasonably imminent, the owner of the contingent future interest is entitled to compensation for its value, if any.
(2)If violation of the use restriction was not otherwise reasonably imminent but the benefit of the use restriction was appurtenant to other property, the owner of the contingent future interest is entitled to compensation to the extent that the failure to comply with the use restriction damages the dominant premises to which the restriction was appurtenant and of which he was the owner.
(b)Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the property upon violation of the use restriction but the contingent future interest is not compensable under subdivision (a), if the use restriction is that the property be devoted to a particular charitable or public use, the compensation for the property shall be devoted to the same or similar use coupled with the same contingent future interest.
Plain-English Summary
Some deeds restrict how land can be used and back that restriction with a contingent future interest -- a right to take possession of the property if the restriction is ever violated. Condemning the property for a public use inconsistent with that restriction violates it, and this section works out who gets compensated for that violation and how much.
Subdivision (a) splits into two situations. If the restriction's violation was otherwise reasonably imminent anyway -- meaning the restriction was likely to be broken regardless of the condemnation -- the holder of the contingent future interest is compensated for whatever value that interest had. But if violation was not otherwise reasonably imminent, and the restriction's benefit was appurtenant to other property the future-interest holder owned, that holder is compensated instead to the extent the failure to comply with the restriction damages that other, benefited property.
Subdivision (b) handles a case where the future-interest holder gets no compensation under subdivision (a) at all, but the restriction required the property be devoted to a charitable or public use. In that situation, the compensation paid for the property itself has to be devoted to that same or a similar use, coupled with the same contingent future interest -- preserving the restriction's underlying purpose even though the specific parcel is gone.
Frequently Asked Questions
Who gets compensated when condemnation violates a use restriction tied to a contingent future interest?
The holder of that future interest, either for its value (if violation was already reasonably imminent) or for damage to a benefited parcel the holder owns (if it was not).
What if the future-interest holder doesn't qualify for compensation under either of those two situations?
If the restriction required a charitable or public use, the compensation paid for the property must be devoted to the same or a similar use, coupled with the same contingent future interest.
Does it matter whether the restriction's violation was already likely regardless of the taking?
Yes -- that is the dividing line between compensating the future-interest holder for the interest's value versus for damage to other benefited property.
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:contingent future interest use restriction eminent domain californiareverter right of entry condemnation californiacharitable use restriction condemnation compensation