3516. View

You have viewed the property and its surrounding area. The purpose of this view was to help you understand and weigh the testimony of the witnesses.

Sources and Authority

Evidence Code section 813(b) provides: "Nothing in this section prohibits a view of the property being valued or the admission of any other admissible evidence (including but not limited to evidence as to the nature and condition of the property and, in an eminent domain proceeding, the character of the improvement proposed to be constructed by the plaintiff) for the limited purpose of enabling the court, jury, or referee to understand and weigh the testimony . . . and such evidence, except evidence of the character of the improvement proposed to be constructed by the plaintiff in an eminent domain proceeding, is subject to impeachment and rebuttal."

Secondary Sources

2 Witkin, California Evidence (4th ed. 2000) Demonstrative, Experimental, and Scientific Evidence, § 31

1 Condemnation Practice in California (Cont.Ed.Bar 2005) § 9.95

3 Nichols on Eminent Domain, Ch. 8, Trial Procedures and Techniques, § 8.10[4] (Matthew Bender)

(New September 2003)