California Civil Jury Instructions (CACI) (2017)

3512. Severance Damages - Offset for Benefits

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3512.Severance Damages—Offset for Benefits
The [name of condemnor] claims that the remainder of [name of property
owner]’s property has received a benefit from the project as proposed.
You must determine the amount of benefit by determining any
reasonably certain increase in the fair market value of the remaining
property caused by the project.
[You must then subtract that amount from the severance damages. If
the project’s benefit to the remaining property is equal to or greater
than the loss caused by the taking, then you must award zero severance
damages. Any benefits to the remaining property should not be
subtracted from the value of the property that [name of condemnor] has
taken.]
New September 2003
Directions for Use
A special verdict form may be used to have the jury set forth separately the
determination of severance damages and benefits. Use the bracketed paragraph if
the judge will not be calculating the offset to severance damages for the benefit to
the remaining property.
Sources and Authority
• Compensation for Remainder After Severance. Code of Civil Procedure section
1263.410.
“Benefit to Remainder” Defined. Code of Civil Procedure section 1263.430.
• Functions of Trier of Fact. Code of Civil Procedure section 1260.230.
Secondary Sources
8 Witkin, Summary of California Law (10th ed. 2005) Constitutional Law,
§§ 1236–1244
1 Condemnation Practice in California (Cont.Ed.Bar 3d ed.) §§ 5.33–5.40
5 Nichols on Eminent Domain, Ch. 16, Consequential Damages as a Result of
Proposed Use, §§ 16.01–16.05 (Matthew Bender)
20 California Forms of Pleading and Practice, Ch. 247, Eminent Domain and
Inverse Condemnation, § 247.140 (Matthew Bender)
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