0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 1265.010 Section 1265.010
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Although this chapter provides rules governing compensation for particular interests in property, it does not otherwise limit or affect the right to compensation for any other interest in property.
Code Civ. Proc. § 1265.110 Section 1265.110
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Where all the property subject to a lease is acquired for public use, the lease terminates.
Code Civ. Proc. § 1265.120 Section 1265.120
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Except as provided in Section 1265.130, where part of the property subject to a lease is acquired for public use, the lease terminates as to the part taken and remains in force as to the remainder, and the rent reserved in the lease that is allocable to the part taken is extingui…
Code Civ. Proc. § 1265.130 Section 1265.130
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Where part of the property subject to a lease is acquired for public use, the court may, upon petition of any party to the lease, terminate the lease if the court determines that an essential part of the property subject to the lease is taken or that the remainder of the property…
Code Civ. Proc. § 1265.140 Section 1265.140
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The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times: (a) The time title to the property is taken by the person who will put it to the public use. (b) The time the plaintiff is authorized to take possession of t…
Code Civ. Proc. § 1265.150 Section 1265.150
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Nothing in this article affects or impairs any right a lessee may have to compensation for the taking of his lease in whole or in part or for the taking of any other property in which he has an interest.
Code Civ. Proc. § 1265.160 Section 1265.160
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Nothing in this article affects or impairs the rights and obligations of the parties to a lease to the extent that the lease provides for such rights and obligations in the event of the acquisition of all or a portion of the property for public use.
Code Civ. Proc. § 1265.210 Section 1265.210
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As used in this article, “lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity.
Code Civ. Proc. § 1265.220 Section 1265.220
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Where property acquired by eminent domain is encumbered by a lien and the indebtedness secured thereby is not due at the time of the entry of judgment, the amount of such indebtedness may be, at the option of the plaintiff, deducted from the judgment and the lien shall be continu…
Code Civ. Proc. § 1265.225 Section 1265.225
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(a) Where there is a partial taking of property encumbered by a lien, the lienholder may share in the award only to the extent determined by the court to be necessary to prevent an impairment of the security, and the lien shall continue upon the part of the property not taken as …
Code Civ. Proc. § 1265.230 Section 1265.230
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(a) This section applies only where there is a partial taking of property encumbered by a lien and the part taken or some portion of it is also encumbered by a junior lien that extends to only a portion of the property encumbered by the senior lien. This section provides only for…
Code Civ. Proc. § 1265.240 Section 1265.240
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Where the property acquired for public use is encumbered by a lien, the amount payable to the lienholder shall not include any penalty for prepayment.
Code Civ. Proc. § 1265.250 Section 1265.250
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(a) As used in this section: (1) “Fixed lien special assessment” means a nonrecurring assessment levied on property in a fixed amount by a local public entity for the capital expenditure for a specific improvement, whether collectible in a lump sum or in installments. (2) “Specia…
Code Civ. Proc. § 1265.410 Section 1265.410
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(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 imminen…
Code Civ. Proc. § 1265.420 Section 1265.420
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Where property acquired for public use is subject to a life tenancy, upon petition of the life tenant or any other person having an interest in the property, the court may order any of the following: (a) An apportionment and distribution of the award based on the value of the int…