Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the benefit is caused by a portion of the project located on the part taken.
§ 1263.430.Benefit 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 1263.430 defines benefit to the remainder as any advantage the remaining property gains from the construction and use of the project as the plaintiff proposes it, regardless of whether that benefit comes from a portion of the project on the part taken.
Full Text of § 1263.430
Plain-English Summary
This section is the mirror image of § 1263.420, defining the offsetting side of the remainder calculation. Benefit to the remainder is whatever advantage the remaining property gains from the construction and use of the project the plaintiff proposes to build.
Just as with damage, the source of that benefit doesn't have to be located on the part taken. A benefit generated by a portion of the project sitting elsewhere still counts, so long as it's the same project the plaintiff is building. Section 1263.410 then nets this benefit against the damage figure from § 1263.420 to arrive at the compensation, if any, owed for injury to the remainder.
Frequently Asked Questions
What is benefit to the remainder?
The benefit, if any, caused by the construction and use of the project the plaintiff proposes, under § 1263.430.
Does the benefit have to come from the part of the project on the property taken?
No. Section 1263.430 counts benefit whether or not it's caused by a portion of the project located on the part taken.
How is this benefit used in the compensation calculation?
Section 1263.410 subtracts it from the damage to the remainder to determine the net compensation owed for injury to the remainder.
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: benefit to remainder eminent domain definitionoffsetting benefits condemnation compensation