In reaching the conclusions called for by Section 751.60, the court shall give effect to the changes in land boundaries caused by the disaster, mitigated, however, so far as can equitably be done by adjustment of land boundaries and by allocating to contiguous lots parts of the land released by a city, county or the state by its voluntary vacation of areas formerly constituting public ways, which vacatings of streets shall be approved by the judgment.
§ 751.61.Reaching Conclusion
Title 10. Actions In Particular Cases · Chapter 3.6. Cullen Earthquake Act · Enacted 1972 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.61 requires the court to give effect to the disaster's actual changes in land boundaries, mitigated where equity allows by adjusting those boundaries and by allocating to contiguous lots the land a city, county, or the state voluntarily released by vacating former public ways, with those vacatings approved in the judgment.
Full Text of § 751.61
Plain-English Summary
This section tells the court how to think through the boundary determination required by § 751.60. The starting point is reality: the court gives effect to the changes in land boundaries the disaster caused. From there, the court mitigates hardship where equity allows, in two specific ways — adjusting the land boundaries themselves, and allocating to contiguous lots the parts of land that a city, county, or the state released by voluntarily vacating former public ways under § 751.58.
Those street vacatings, and the allocation the court makes from them, get formal approval as part of the judgment itself, tying this section's instructions directly to the judgment's substance under § 751.60.
Frequently Asked Questions
What does the court start from when determining the new boundaries?
The actual changes in land boundaries caused by the disaster, before considering any equitable adjustment.
How does the court mitigate hardship from the disaster's boundary changes?
By equitably adjusting the boundaries and by allocating to contiguous lots the land released through a city, county, or state's voluntary street vacation under § 751.58.
Are the street vacatings themselves part of the judgment?
Yes, the judgment must approve those vacatings.
Amendment History
Added by Stats. 1972, Ch. 936.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: equitable boundary adjustment cullen earthquake act