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HomeFood and Agricultural CodeDiv. 21Pt. 2Ch. 1Art. 22§ 59289 Lot Diversion Or Destruction

§ 59289 Lot Diversion Or Destruction

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 59289 Lot Diversion Or Destruction

Key Takeaways

  • •If a piece of land is in bad shape and the owner won't fix it, the government can ask a court for permission to either use the land for something else or destroy it.
  • •The government must prove the land is in their area, the owner was warned, and the owner refused to fix it or let the government change it.
  • •The court case is simpler and cheaper if the land isn't worth a lot of money.

Example

Imagine there's an empty lot in your neighborhood that's full of trash and broken stuff. The city tells the owner to clean it up, but the owner does nothing.

The city can go to court and ask for permission to either turn the lot into a park or just get rid of the trash themselves. They have to show the court that they warned the owner and the owner didn't do anything about it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 59289 Lot Diversion Or Destruction

(a) The enforcing officer may file a verified petition in superior court requesting permission to divert the lot to any other available lawful use or to destroy the lot. The verified petition shall show all of the following: (1) The condition of the lot. (2) That the lot is situated within the territorial jurisdiction of the court in which the petition is being filed. (3) That the lot is held, and that the notice of noncompliance has been served as provided in Section 59285. (4) That the lot has not been reconditioned as required. (5) The name and address of the owner and the person in possession of the lot. (6) That the owner has refused permission to divert or to destroy the lot. (b) A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 43, Sec. 15. Effective January 1, 2008.)

Last verified: January 23, 2026

Key Terms

limited civil case,possessionpropertycompliancepetitionconditioncivil procedurejurisdiction

Related Statutes

  • § 59284 Lot Noncompliance Warning Tags
  • § 59283 Commodity Inspection Hold Authority
  • § 59290 Lot Compliance Or Destruction
  • § 59291 Lot Disposition Court Orders
  • § 5021 Owner Treatment Cost Responsibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 59289.
View Official Source