Valuation for Eminent Domain

Part 3, Title 7, Chapter 9, Article 2 deals with the date of valuation for purposes of compensation under California’s eminent domain law.

Section 1263.110 provides that, unless an earlier date of valuation is applicable under this article, if the plaintiff deposits the probable compensation or the amount of the award in, the date of valuation is the date on which the deposit is made.

Whether or not the plaintiff has taken possession of the property or obtained an order for possession, if the court determines that the probable amount of compensation exceeds the amount previously deposited and the amount on deposit is not increased accordingly within the time allowed, no deposit is to be deemed to have been made for the purpose of this section.

Section 1263.120 states that, if the issue of compensation is brought to trial within one year after commencement of the proceeding, the date of valuation is the date of commencement of the proceeding.

Section 1263.130 explains that, if the issue of compensation is not brought to trial within one year after commencement of the proceeding, the date of valuation is the date of the commencement of the trial unless the delay is caused by the defendant, in which case the date of valuation is the date of commencement of the proceeding.

Section 1263.140 says that, if a new trial is ordered by the trial or appellate court and the new trial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of such new trial unless, in the interest of justice, the court ordering the new trial orders a different date of valuation.

Section 1263.150 provides that, if a mistrial is declared and the retrial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of the retrial of the case unless, in the interest of justice, the court declaring the mistrial orders a different date of valuation.