Legal Opinion

Mt. San Jacinto Community College District v. Superior Court

California Court of Appeal

Decided April 22, 2004No. E033862PublishedCited by 4 opinions

1Opinion of the Court

Opinion

KING, J.

INTRODUCTION

Code of Civil Procedure section 1263.240 1 provides that improvements to real property made after summons is served in an eminent domain proceeding “shall not be taken into account in determining compensation unless . . . [f] . . . [f] (c) The improvement is one authorized to be made by a court order issued after a noticed hearing and upon a finding by the court that the hardship to the defendant of not permitting the improvement outweighs the hardship to the plaintiff of permitting the improvement. . . .”

The question here is whether a property owner, who makes…

2Cases cited27 opinions

  1. Buss v. Superior CourtCalifornia Supreme Court · 1997
  2. Trope v. KatzCalifornia Supreme Court · 1995
  3. People v. RicciardiCalifornia Supreme Court · 1943
  4. Albers v. County of Los AngelesCalifornia Supreme Court · 1965
  5. People Ex Rel. Younger v. County of El DoradoCalifornia Supreme Court · 1971

22 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mt. San Jacinto Community College District v. Superior CourtCalifornia Supreme Court · 2007
  2. Escondido Union School District v. Casa Sueños De Oro, Inc.California Court of Appeal · 2005
  3. Eastern Municipal Water District v. Superior CourtCalifornia Court of Appeal · 2007
  4. Weiss v. P. ex rel. Dept. of TransportationCalifornia Supreme Court · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API