(a)
If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a claim has been presented in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, the owner may recover for that damage or interference in a civil action, as a defendant in an eminent domain action affecting the property, or by application to the court under subdivision (c).
(b)
The prevailing claimant in an action or proceeding under this section shall be awarded the claimant’s costs and, if the court finds that any of the following occurred, the claimant’s litigation expenses incurred in proceedings under this
article:
(1)
The entry was unlawful.
(2)
The entry was lawful but the activities upon the property were abusive or lacking in due regard for the interests of the owner.
(3)
There was a failure substantially to comply with the terms of an order made under Section 1245.030 or 1245.040.
(c)
If funds are on deposit under this article, upon application of the owner, the court shall determine and award the amount the owner is entitled to recover under this section and shall order that amount paid out of the funds on deposit. If the funds on deposit are insufficient to pay the full amount of the award, the court shall enter judgment for the unpaid portion. In a proceeding under this subdivision, the owner has a right to a jury trial, unless waived, on the
amount of compensation for actual damage or substantial interference with the possession or use of the property.
(d)
Nothing in this section affects the availability of any other remedy the owner may have for the damaging of the owner’s property.
