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Cal. Civ. Proc. Code § 1263.440

Compensation for Injury to Remainder

Known as the Eminent Domain Law

The act spans §§ 1230–1273 (260 sections).

Applied in 1 court decision — leading case State Ex Rel. Miller v. Filler (1991)

Most recently applied in State Ex Rel. Miller v. Filler (March 1991)

Added by Stats. 1975, Ch. 1275.

(a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage or benefit caused by the construction and use of the project in the manner proposed by the plaintiff will actually be realized.

(b) The value of the remainder on the date of valuation, excluding prior changes in value as prescribed in Section 1263.330, shall serve as the base from which the amount of any damage and the amount of any benefit to the remainder shall be determined.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.