California Civil Jury Instructions (CACI)

3505. Information Discovered after Date of Valuation

In determining fair market value you must consider any condition that affects the value of the property if the condition existed on [insert date of valuation] but was discovered after that date.

Sources and Authority

"[W]hile evidence of a change in the condition of the property after the date of valuation may not be admissible . . ., information about the condition of the property on the date of valuation which happens to be discovered after that date must be considered. In effect, the parties are presumed to know all relevant information available at the time of trial, even if it could not reasonably have been discovered until after the date of valuation." (San Diego Water Authority v. Mireiter (1993) 18 Cal.App.4th 1808, 1814 [23 Cal.Rptr.2d 455].)

"The California statutory scheme and the overwhelming weight of authority supports the conclusion that relevant factual discoveries up to and including the date of trial must be taken into account, regardless of whether they inflate or deflate the value of the property. Accordingly, the trial court erred in failing to instruct the jury it was required to consider the newly discovered information in determining the compensation due defendants, and reversal is therefore required." (San Diego County Water Authority, supra, 18 Cal.App.4th at pp. 1817- 1818.)

Secondary Sources

8 Witkin, Summary of California Law (9th ed. 1988) Constitutional Law, § 1017

1 Condemnation Practice in California (Cont.Ed.Bar 2005) § 4.23

4 Nichols on Eminent Domain, Ch. 12A, Market Value—Time of Valuation, § 12A.01[7] (Matthew Bender)

(New September 2003)