California Civil Jury Instructions (CACI) (2017)

3506. Effect of Improvements

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3506.Effect of Improvements
In determining the fair market value of the property you must consider
both the value of the land and whether any buildings, machinery, or
other equipment attached to the property increase or decrease the value
of the property.
New September 2003
Directions for Use
The court decides as a legal issue whether an improvement is a fixture “pertaining
to the realty.” (Code Civ. Proc., § 1260.030.)
Sources and Authority
• Improvements to Property Compensable. Code of Civil Procedure section
1263.210(a).
• “Improvements” Defined. Code of Civil Procedure section 1263.205(a).
• Removal of Property Without Substantial Economic Loss. Code of Civil
Procedure section 1263.205(b).
• “[T]he market value of land and the improvements thereon is the market value
thereof viewed as a whole and not separately.” (South Bay Irrigation Dist. v.
California-American Water Co. (1976) 61 Cal.App.3d 944, 986 [133 Cal.Rptr.
166], internal citation omitted.)
Secondary Sources
8 Witkin, Summary of California Law (10th ed. 2005) Constitutional Law, § 1225
1Condemnation Practice in California (Cont.Ed.Bar 3d ed.) § 4.55
4 Nichols on Eminent Domain, Ch. 13, Fair Market Value—Physical Character,
§§ 13.02, 13.12 (Matthew Bender)
20 California Forms of Pleading and Practice, Ch. 247, Eminent Domain and
Inverse Condemnation, § 247.136 (Matthew Bender)
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