CACI 3512 Severance Damages—Offset for Benefits

California Civil Jury Instructions CACI

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.]

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 (11th ed. 2017) Constitutional Law, §§ 1374–1382
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)