(a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by a public entity. As used in this section, "public entity" includes the United States, a state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation.
§ 871.7.Inapplicability If Improver Public Entity Or Improvement On Public Entity's Land
Title 10. Actions In Particular Cases · Chapter 10. Good Faith Improver of Property Owned by Another · Enacted 1968 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 871.7 makes this chapter inapplicable whenever the improver is a public entity, the improvement sits on land a public entity owns or possesses, or the landowner has already dedicated the land to public use and could have taken it by eminent domain.
Full Text of § 871.7
(b) This chapter does not apply where the owner of the land upon which the improvement is constructed has appropriated the land to a public use and could have acquired the land for that use by exercising the power of eminent domain.
Plain-English Summary
This chapter's protections have real limits when public entities are involved. Subdivision (a) excludes two situations entirely: cases where the improver itself is a public entity, and cases where the improvement was made on land a public entity owns or possesses. The definition of "public entity" here is broad, covering the United States, a state, a county, a city and county, a city, a district, a public authority, a public agency, and any other political subdivision or public corporation.
Subdivision (b) adds a second exclusion tied to eminent domain. If the landowner has already appropriated the land to a public use, and could have acquired that land for that use through the power of eminent domain, this chapter doesn't apply either.
Together, these exclusions keep the good faith improver doctrine focused on private disputes between individuals or private entities, rather than letting it interfere with land already dedicated to, or held by, government for public purposes.
Frequently Asked Questions
Does the good faith improver chapter protect a government agency that mistakenly builds on someone else's land?
No. Section 871.7(a) excludes cases where the improver is a public entity.
What if someone builds a good faith improvement on land owned by a city or other government body?
This chapter doesn't apply to improvements made on land owned or possessed by a public entity.
What is the eminent domain exclusion in subdivision (b)?
The chapter also doesn't apply if the landowner has appropriated the land to public use and could have acquired it for that use through eminent domain.
Amendment History
Added by Stats. 1968, Ch. 150.
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: public entity exception good faith improver californiaeminent domain good faith improver exclusion