Subject to Section 1263.110, if a new trial is ordered by the trial or appellate court and the new trial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of such new trial unless, in the interest of justice, the court ordering the new trial orders a different date of valuation.
§ 1263.140.New Trial Order But Not Commenced Within One Year After Commencement of Proceeding
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 2. Date of Valuation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1263.140 moves the date of valuation to the date a new trial commences when that new trial, ordered by the trial or appellate court, doesn't begin within one year of the proceeding's original commencement, unless the ordering court sets a different date in the interest of justice.
Full Text of § 1263.140
Plain-English Summary
A new trial resets more than just the proceedings -- it can reset the valuation date too. Subject to § 1263.110, when a trial or appellate court orders a new trial and that new trial doesn't commence within one year of the proceeding's original start, the date of valuation shifts to the date the new trial begins.
The court ordering the new trial keeps a safety valve, though. If justice calls for something other than that default shift, the same court can set a different date of valuation when it orders the new trial. That flexibility lets the court account for whichever side's conduct caused the retrial, or for other circumstances the automatic rule wouldn't fit.
Frequently Asked Questions
What date of valuation applies after a new trial is ordered?
The date the new trial commences, if it doesn't begin within one year of the proceeding's commencement, under § 1263.140.
Can the court pick a different date of valuation for the new trial?
Yes. The court ordering the new trial may set a different date of valuation in the interest of justice.
Does this rule depend on § 1263.110?
Yes. Section 1263.140 operates subject to § 1263.110's deposit-based valuation date.
Amendment History
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: new trial ordered valuation date eminent domaindate of valuation retrial condemnation