3509B. Precondemnation Damages-Public Entitys Authorized Entry to Investigate Suitability

3509B. Precondemnation Damages--Public Entity's Authorized Entry to Investigate Property's Suitability (Code Civ. Proc., § 1245.060) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A public entity that is considering condemning property for public use may enter the property before condemnation to conduct activities that are reasonably related to acquiring the property for a public project. However, the property owner may recover for any actual damage to, or substantial interference with, the owner's possession and use of the property caused by the public entity's entry for these purposes. [Name of property owner] claims that [he/she/it] suffered damage to, or substantial interference with, the use or possession of [his/her/its] property because of [name of condemnor]'s precondemnation activities on the property. [If you determine that [name of property owner] suffered actual damage to, or substantial interference with, the use or possession of [his/her/its] property during precondemnation activities], [Y/y]ou must determine the amount of this loss and include it in determining just compensation. ________________________________________________________________________________ New May 2017