§ 1263.740.Presence of Hazardous Material Not Considered In Appraising Property
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts · Enacted 1995 · no amendments on record · Last verified July 29, 2026
Full Text of § 1263.740
Plain-English Summary
This section keeps contamination out of the valuation math entirely. When appraising the property for purposes of the § 1263.720 hearing, for the pre-judgment deposit under Article 1 of Chapter 6, or for the fair-market-value determination under Article 4, the presence of any hazardous material is not to be considered.
The idea is to keep the two systems separate: property value gets appraised as if the contamination were not a valuation issue, while the cost of dealing with that contamination gets handled entirely through the trustee-and-required-action process in §§ 1263.720 and 1263.730. Folding hazardous material into the appraisal itself would double up, or scramble, those two separate calculations.
Frequently Asked Questions
Does the presence of hazardous material lower the appraised value of the property?
No -- this section excludes hazardous material from consideration in the appraisal for these purposes.
Where does the cost of hazardous material cleanup get accounted for instead?
Through the trustee and required-action process under §§ 1263.720 and 1263.730, not through the appraisal.
Amendment History
Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.