San Diego County Water Authority v. Mireiter

Opinion

WIENER, Acting P. J.

In eminent domain cases, the “date of valuation” generally precedes the date of trial at which the value of the property is determined. The question here is whether a jury, in determining the amount of compensation due the property owner, is required to consider facts discovered during this lag which tend to reduce the property’s fair market value. We conclude that the language of Code of Civil Procedure section 1263.320, which defines “fair market value” as “the highest price on the date of valuation that would be agreed to by a seller . . . and a buyer . . . each…