Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken.
§ 1263.310.Measure of Compensation Fair Market Value
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 4. Measure of Compensation for Property Taken · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1263.310 establishes fair market value as the measure of compensation for the property taken in an eminent domain proceeding, setting up the definition and application rules the following sections in this article spell out.
Full Text of § 1263.310
Plain-English Summary
Article 4 opens with the core rule for valuing the property itself: compensation for what's taken is measured by fair market value. Two brief sentences carry all the weight -- compensation shall be awarded for the property taken, and the measure of that compensation is fair market value.
Everything else in this article fills in what that phrase means in practice. Section 1263.320 defines fair market value in the ordinary case and supplies a fallback method for property with no comparable market. Section 1263.321 refines that fallback for nonprofit, special use property. And § 1263.330 makes sure the number isn't distorted by the very project or proceeding that brought the parties to court.
Frequently Asked Questions
What is the measure of compensation for property taken by eminent domain?
Fair market value, under § 1263.310.
Where is fair market value defined?
Section 1263.320 supplies the standard definition and a fallback method for property with no relevant, comparable market.
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: measure of compensation eminent domain californiafair market value condemnation property taken