§ 1263.440.Delay In Time When Damage Or Benefit Actually Realized; Date of Valuation Base For Determining Amount of Damage Or Benefit
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 § 1263.440
Plain-English Summary
Damage and benefit to the remainder don't always show up the moment the project is announced -- some effects take years to materialize as construction proceeds and the project comes into use. Subdivision (a) requires the damage and benefit figures to reflect that lag, accounting for any delay in when the harm or advantage caused by the project will be realized.
Subdivision (b) then sets the starting point for measuring those figures: the value of the remainder on the date of valuation, with one adjustment. That starting value excludes the prior changes in value § 1263.330 already screens out -- increases or decreases attributable to the project, the proceeding, or the plaintiff's preliminary actions. Starting from that clean baseline keeps the damage and benefit calculations from double-counting effects § 1263.330 has already stripped out of the picture.
Frequently Asked Questions
Do damage and benefit calculations account for effects that take time to appear?
Yes. Section 1263.440(a) requires the amounts to reflect any delay in when the damage or benefit will be realized.
What serves as the baseline for measuring damage or benefit to the remainder?
The value of the remainder on the date of valuation, excluding the prior changes in value described in § 1263.330.
Why exclude § 1263.330 changes from that baseline?
To avoid double-counting project-driven value swings that § 1263.330 already removes from the fair market value calculation.
Amendment History
Added by Stats. 1975, Ch. 1275.