CACI No. 3505. Information Discovered after Date of Valuation

Judicial Council of California Civil Jury Instructions (2023 edition)

Download PDF
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.
New September 2003
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.
Secondary Sources
8 Witkin, Summary of California Law (11th ed. 2017) Constitutional Law, § 1369
1 Condemnation Practice in California (Cont.Ed.Bar 3d ed.) § 4.23
4 Nichols on Eminent Domain, Ch. 12A, Market Value - Time of Valuation,
§ 12A.01[7] (Matthew Bender)

© Judicial Council of California.