CACI No. 3510. Value of Easement

Judicial Council of California Civil Jury Instructions (2020 edition)

Download PDF
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.
New September 2003
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.)
Secondary Sources
8 Witkin, Summary of California Law (10th ed. 2005) Constitutional Law, § 1233
1 Condemnation Practice in California (Cont.Ed.Bar 3d ed.) §§ 4.79-4.81
4 Nichols on Eminent Domain, Ch. 12D, Valuation of Interests Other Than Fee
Interests, § 12D.01[1][a] (Matthew Bender)
20 California Forms of Pleading and Practice, Ch. 247, Eminent Domain and
640
Copyright Judicial Council of California
Inverse Condemnation, § 247.136 (Matthew Bender)
EMINENT DOMAIN CACI No. 3510
641
Copyright Judicial Council of California

© Judicial Council of California.