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§ 1260.230.Issues Separately Assessed By Trier of Fact

Title 7. Eminent Domain Law · Chapter 8. Procedures for Determining Right to Take and Compensation · Article 3. Procedures Relating to Determination of Compensation · Last amended 2022 · Last verified July 29, 2026

In one sentenceSection 1260.230 directs the trier of fact to assess, as far as practicable, separate amounts for the property taken, damage and benefit to any remainder of a larger parcel, loss of goodwill, and the specific compensation claims described in § 1250.320(c) and (d).

Full Text of § 1260.230

Text sizeJump to: (a) (b) (c) (d) (e)

As far as practicable, the trier of fact shall assess separately each of the following:
(a) Compensation for the property taken as required by Article 4 (commencing with Section 1263.310) of Chapter 9.
(b) When the property acquired is part of a larger parcel:
(1) The amount of the damage, if any, to the remainder as required by Article 5 (commencing with Section 1263.410) of Chapter 9.
(2) The amount of the benefit, if any, to the remainder as required by Article 5 (commencing with Section 1263.410) of Chapter 9.
(c) Compensation for loss of goodwill, if any, as required by Article 6 (commencing with Section 1263.510) of Chapter 9.
(d) Compensation claimed under subdivision (c) of Section 1250.320.
(e) Compensation claimed under subdivision (d) of Section 1250.320.

Plain-English Summary

A compensation award in eminent domain isn't a single lump figure arrived at all at once. This section requires the trier of fact to break the award down into its component parts, as far as practicable: compensation for the property taken under Article 4 of Chapter 9, and, when the taking is only part of a larger parcel, the separate amounts of damage and benefit to what remains, under Article 5 of that chapter.

Two more categories round out the list: compensation for any loss of goodwill under Article 6 of Chapter 9, and the specific claims described in subdivisions (c) and (d) of § 1250.320, which arise from the defendant's answer in the underlying pleadings.

Breaking the award into these pieces matters beyond bookkeeping -- it lets the court and the parties see exactly what each dollar of the award is compensating for, which matters for appellate review, for apportionment among divided interests under § 1260.220, and for tracking how the different compensation categories in Chapter 9 apply to a given taking.

Frequently Asked Questions

Does the trier of fact have to break the compensation award into separate categories?

Yes, as far as practicable, under § 1260.230.

What categories must be separately assessed?

Compensation for the property taken, damage and benefit to the remainder of a larger parcel, loss of goodwill, and the claims described in § 1250.320(c) and (d).

Why does the law require this breakdown?

It ties each part of the award to the specific compensation rules in Chapter 9 that govern it, which matters for apportionment among divided interests and for review of the award.

Amendment History

Amended by Stats 2021 ch 401 (AB 1578),s 6, eff. 1/1/2022. Added by Stats. 1975, Ch. 1275.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: separate assessment eminent domain compensation californiagoodwill remainder damage benefit award