§ 1268.440. — 1268.440. (Added by Stats. 1979, Ch. 31.)

California § 1268.440.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 7.
• Part 3.: TITLE 7. EMINENT DOMAIN LAW
• Ch. 11.: CHAPTER 11. Postjudgment Procedure
• Art. 5.: ARTICLE 5. Proration of Property Taxes

Text

(a)
If taxes have been paid on property that is exempt property as defined in Section 5081 of the Revenue and Taxation Code, the amount of the taxes that, if unpaid, would have been subject to cancellation under Article 5 (commencing with Section 5081) of Chapter 4 of Part 9 of Division 1 of the Revenue and Taxation Code shall be deemed to be erroneously collected and shall be refunded in the manner provided in Article 1 (commencing with Section 5096) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code to the person who paid the taxes.
(b)
The public entity shall be
deemed to be the person who paid the taxes if the public entity reimbursed the defendant for the taxes under a cost bill filed in the eminent domain proceeding pursuant to Section 1268.430. A claim for refund of taxes filed by a public entity pursuant to this section shall contain a copy of the cost bill under which taxes were reimbursed or a declaration under penalty of perjury by the public entity that the taxes were reimbursed under a cost bill.
(c)
Taxes paid on either the secured or unsecured roll may be refunded pursuant to this section.

Legislative History

Added by Stats. 1979, Ch. 31.