California Civil Jury Instructions (CACI)
3510. Value of Easement
The [name of condemnor] has taken the right to use a portion of [name of property owner]'s land for a specific purpose. That right is called an "easement." After an easement has been taken, the property owner has the right to use the land for any purpose that does not conflict with the easement.
You must determine the fair market value of the easement on [insert date of valuation]. The fair market value of the easement is determined by subtracting the fair market value of the land after the easement was taken from the fair market value of the land before the easement was taken.
Sources and Authority
"The holder of an easement is entitled to damages when the easement is taken or damaged for public use." (County Sanitation Dist. No. 8 of Los Angeles County v. Watson Land Co. (1993) 17 Cal.App.4th 1268, 1279 [22 Cal.Rptr.2d 117], internal citation omitted.)
"The value of an easement in gross . . . is the difference in the before and after value of the strip of land taken, and not what has been gained by the public agency." (County Sanitation Dist., supra, 17 Cal.App.4th at p. 1279, internal citations omitted.)
"Ordinarily, the value of an easement is the diminution in market value of the dominant tenement caused by its loss. When a second easement is sought on land already burdened, the owner of the servient land is entitled to the difference in value of the land before and after the imposition of the second easement; and, if no substantial difference in value is shown, only nominal damages will be awarded." (8 Witkin, Summary of Cal. Law (9th ed. 1988) Constitutional Law, § 1019, p. 582, internal citations omitted.)
" 'An easement is an incorporeal interest in the land of another that gives its owner the right to use the land of another or to prevent the property owner from using his land.' " (County Sanitation Dist., supra, 17 Cal.App.4th at p. 1278, internal citations omitted.)
8 Witkin, Summary of California Law (9th ed. 1988) Constitutional Law, § 1019
1 Condemnation Practice in California (Cont.Ed.Bar 2005) §§ 4.79-4.81
4 Nichols on Eminent Domain, Ch. 12D, Valuation of Interests Other Than Fee Interests, § 12D.01[a] (Matthew Bender)
20 California Forms of Pleading and Practice, Chapter 247, Eminent Domain (Matthew Bender)
(New September 2003)