§ 1263.410.Generally
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 5. Compensation for Injury to Remainder · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1263.410
Plain-English Summary
Article 5 addresses what happens to the property an owner keeps, not just the piece the government takes. When the property acquired is only part of a larger parcel, subdivision (a) requires compensation for injury to the remainder in addition to whatever the owner is paid for the part taken under Article 4.
Subdivision (b) defines that injury compensation as a net figure: the damage to the remainder minus any benefit to the remainder. If the benefit equals or exceeds the damage, the remainder nets out even or ahead, and no compensation is awarded under this article at all.
When the benefit is smaller than the damage but still real, the law doesn't let it vanish. If benefit exceeds damage, the excess gets deducted from the goodwill compensation the owner might otherwise receive under § 1263.510 -- but that excess can't be deducted from the compensation owed for the property taken, or from any other compensation this chapter requires. A remainder benefit can offset a goodwill award; it can't eat into the core payment for the land itself.
Frequently Asked Questions
When is compensation owed for injury to the remainder?
When the property acquired is part of a larger parcel, under § 1263.410(a), in addition to compensation for the part taken.
How is compensation for injury to the remainder calculated?
Damage to the remainder minus any benefit to the remainder, under § 1263.410(b).
What happens if the benefit to the remainder is larger than the damage?
No compensation is awarded under this article, and any excess benefit is instead deducted from goodwill compensation under § 1263.510, if any is claimed.
Can excess benefit reduce compensation for the property taken?
No. Section 1263.410(b) bars deducting that excess from the compensation required for the property taken or from other compensation this chapter requires.
Amendment History
Added by Stats. 1975, Ch. 1275.