SECTIONS 1263.410-1263.450 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1263.410-1263.450

1263.410. (a) Where the property acquired is part of a larger
parcel, in addition to the compensation awarded pursuant to Article 4
(commencing with Section 1263.310) for the part taken, compensation
shall be awarded for the injury, if any, to the remainder.
(b) Compensation for injury to the remainder is the amount of the
damage to the remainder reduced by the amount of the benefit to the
remainder. If the amount of the benefit to the remainder equals or
exceeds the amount of the damage to the remainder, no compensation
shall be awarded under this article. If the amount of the benefit to
the remainder exceeds the amount of damage to the remainder, such
excess shall be deducted from the compensation provided in Section
1263.510, if any, but shall not be deducted from the compensation
required to be awarded for the property taken or from the other
compensation required by this chapter.

1263.420. Damage to the remainder is the damage, if any, caused to
the remainder by either or both of the following:
(a) The severance of the remainder from the part taken.
(b) The construction and use of the project for which the property
is taken in the manner proposed by the plaintiff whether or not the
damage is caused by a portion of the project located on the part
taken.

1263.430. Benefit to the remainder is the benefit, if any, caused
by the construction and use of the project for which the property is
taken in the manner proposed by the plaintiff whether or not the
benefit is caused by a portion of the project located on the part
taken.

1263.440. (a) The amount of any damage to the remainder and any
benefit to the remainder shall reflect any delay in the time when the
damage or benefit caused by the construction and use of the project
in the manner proposed by the plaintiff will actually be realized.
(b) The value of the remainder on the date of valuation, excluding
prior changes in value as prescribed in Section 1263.330, shall
serve as the base from which the amount of any damage and the amount
of any benefit to the remainder shall be determined.

1263.450. Compensation for injury to the remainder shall be based
on the project as proposed. Any features of the project which
mitigate the damage or provide benefit to the remainder, including
but not limited to easements, crossings, underpasses, access roads,
fencing, drainage facilities, and cattle guards, shall be taken into
account in determining the compensation for injury to the remainder.