§ 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
Full Text of § 1260.230
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.