§ 1263.420.Damage to Remainder

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

In one sentenceSection 1263.420 defines damage to the remainder as harm caused by severing the remainder from the part taken, by the construction and use of the project as the plaintiff proposes it, or by both, regardless of whether that harm comes from a portion of the project on the part taken.

Full Text of § 1263.420

Text sizeJump to: (a) (b)

Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following:

(a) The severance of the remainder from the part taken.

(b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken.

Plain-English Summary

Damage to the remainder can come from two different sources, and this section names both. The first is severance itself -- cutting the remainder off from the part taken can hurt the remaining land's access, shape, or usefulness, apart from anything built on the taken portion.

The second source is the project itself: the construction and use of whatever the plaintiff proposes to build, operating as proposed. That source of damage counts whether the harmful portion of the project sits on the land taken or somewhere else within the project as a whole -- the remainder's owner doesn't have to trace the damage back to the specific parcel taken from them to recover for it.

Frequently Asked Questions

What two things can cause damage to the remainder?

The severance of the remainder from the part taken, and the construction and use of the project as the plaintiff proposes it, under § 1263.420.

Does the damaging portion of the project have to sit on the property taken from this owner?

No. Section 1263.420(b) counts damage caused by the project regardless of whether it comes from a portion located on the part taken.

How does this section relate to benefit to the remainder?

Section 1263.430 defines benefit to the remainder using the same construction-and-use framework, and § 1263.410 nets the two together.

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: damage to remainder eminent domain definitionseverance damage california condemnation