Mt. San Jacinto Community College District v. Superior Court

INTRODUCTION

Code of Civil Procedure section 1263.240 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 improvements to its property after it was served with summons in an eminent domain action, and who fails to seek advance court approval of the improvements in the eminent domain action under section 1263.240, subdivision (c), may sue the condemning public entity in inverse condemnation for the value of the improvements. Under the circumstances of this case, we hold that the answer is no.

FACTS AND PROCEDURAL HISTORY

In October 2000, Mt. San Jacinto Community College District (Mt. San Jacinto) filed and served a complaint in eminent domain against Azusa Pacific University, a private educational…