California Civil Jury Instructions (CACI) (2017)
3512. Severance Damages - Offset for BenefitsDownload PDF
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
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
•“Beneﬁt to Remainder” Deﬁned. Code of Civil Procedure section 1263.430.
• Functions of Trier of Fact. Code of Civil Procedure section 1260.230.
8 Witkin, Summary of California Law (10th ed. 2005) Constitutional Law,
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)