Subject to Section 1263.110, if a mistrial is declared and the retrial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of the retrial of the case unless, in the interest of justice, the court declaring the mistrial orders a different date of valuation.
§ 1263.150.Mistrial Declared and Retrial 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 1263.150 sets the date of valuation as the date a retrial commences when a mistrial is declared and the retrial doesn't begin within one year of the proceeding's commencement, unless the court declaring the mistrial orders a different date in the interest of justice.
Full Text of § 1263.150
Plain-English Summary
Mistrials get the same valuation-date treatment as new trials ordered on appeal, with the timing measured from when the mistrial happens rather than from an appellate remand. Subject to § 1263.110, if a mistrial is declared and the case isn't retried within one year after the proceeding commenced, the date of valuation becomes the date the retrial commences.
As with § 1263.140, the court that declared the mistrial can depart from that default. If the interest of justice calls for a different date of valuation, that court may order one instead of letting the retrial-commencement date apply automatically.
Frequently Asked Questions
What date of valuation applies after a mistrial?
The date the retrial commences, if the retrial doesn't happen within one year of the proceeding's commencement, under § 1263.150.
Who can set a different date of valuation after a mistrial?
The court that declared the mistrial, if the interest of justice calls for a date other than the retrial-commencement 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: mistrial eminent domain valuation dateretrial date of valuation condemnation