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HomeEvidence CodeDiv. 7Ch. 1Art. 2§ 822 Eminent Domain Valuation Exclusions

§ 822 Eminent Domain Valuation Exclusions

Evidence Code·California
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§ 822 Eminent Domain Valuation Exclusions

Key Takeaways

  • •In court cases about taking land for public use, some things can't be used to decide how much the land is worth.
  • •You can't use the price the government paid for similar land nearby.
  • •You can't use tax values or offers to buy/sell the land to set its price.
  • •Only the land in question matters—other properties or unrelated values don’t count.

Example

The city wants to build a new road and needs to buy your house. They offer you $200,000, but you think it’s worth $300,000 because your neighbor sold their house for that much last year.

The court won’t let you use your neighbor’s sale price to prove your house is worth $300,000. They also won’t look at your property tax bill or old offers you got for the house. Only things directly about your house can be used to decide its value.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 822 Eminent Domain Valuation Exclusions

(a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Sections 814 to 821, inclusive, the following matter is inadmissible as evidence and shall not be taken into account as a basis for an opinion as to the value of property: (1) The price or other terms and circumstances of an acquisition of property or a property interest if the acquisition was for a public use for which the property could have been taken by eminent domain. The price or other terms and circumstances shall not be excluded pursuant to this paragraph if the proceeding relates to the valuation of all or part of a water system as defined in Section 240 of the Public Utilities Code. (2) The price at which an offer or option to purchase or lease the property or property interest being valued or any other property was made, or the price at which the property or interest was optioned, offered, or listed for sale or lease, except that an option, offer, or listing may be introduced by a party as an admission of another party to the proceeding; but nothing in this subdivision permits an admission to be used as direct evidence upon any matter that may be shown only by opinion evidence under Section 813. (3) The value of any property or property interest as assessed for taxation purposes or the amount of taxes which may be due on the property, but nothing in this subdivision prohibits the consideration of actual or estimated taxes for the purpose of determining the reasonable net rental value attributable to the property or property interest being valued. (4) An opinion as to the value of any property or property interest other than that being valued. (5) The influence upon the value of the property or property interest being valued of any noncompensable items of value, damage, or injury. (6) The capitalized value of the income or rental from any property or property interest other than that being valued. (b) In an action other than an eminent domain or inverse condemnation proceeding, the matters listed in subdivision (a) are not admissible as evidence, and may not be taken into account as a basis for an opinion as to the value of property, except to the extent permitted under the rules of law otherwise applicable. (Amended by Stats. 2000, Ch. 948, Sec. 1. Effective January 1, 2001.)

Last verified: January 22, 2026

Key Terms

acquisitionevidenceconsiderationpropertyoffernetinjuryfine

Related Statutes

  • § 1103 Victim Character Evidence Rules
  • § 1106 Sexual Conduct Evidence Limits
  • § 1108 Sexual Offense Evidence Admissibility
  • § 1400 Writing Authentication Rules
  • § 1401 Writing Authentication Requirement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 822.
View Official Source