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§ 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

In one sentenceSection 1263.440 requires damage and benefit calculations to account for any delay before they occur, and sets the remainder's date-of-valuation value, excluding project-related changes under § 1263.330, as the baseline for measuring both amounts.

Full Text of § 1263.440

Text sizeJump to: (a) (b)

(a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage or benefit caused by the construction and use of the project in the manner proposed by the plaintiff will actually be realized.
(b) The value of the remainder on the date of valuation, excluding prior changes in value as prescribed in Section 1263.330, shall serve as the base from which the amount of any damage and the amount of any benefit to the remainder shall be determined.

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.

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: delayed damage or benefit remainder eminent domaindate of valuation baseline severance damage