California Civil Jury Instructions (CACI)

3514. Burden of Proof

Neither the [name of condemnor] nor [name of property owner] has the burden of proving the amount of just compensation.

Sources and Authority

Code of Civil Procedure section 1260.210 provides: (a) The defendant shall present his evidence on the issue of compensation first and shall commence and conclude the argument.

(b) Except as otherwise provided by statute, neither the plaintiff nor the defendant has the burden of proof on the issue of compensation.

Secondary Sources

8 Witkin, Summary of California Law (9th ed. 1988) Constitutional Law, § 1007

1 Condemnation Practice in California (Cont.Ed.Bar 2005) § 9.14

5 Nichols on Eminent Domain, Ch. 18, Evidence in Condemnation Proceedings, § 18.02 (Matthew Bender)

(New September 2003)