Last updated: 10/12/2020
3511B. Damage to Remainder During Construction (Code Civ. Proc., § 1263.420(b))
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Description
3511B. Damage to Remainder During Construction (Code Civ. Proc., § 1263.420(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The [name of condemnor] has taken only a part of [name of property owner]'s property. [Name of property owner] claims that [he/she/it] suffered damage to the remaining property during construction of the project for which the property was taken. This loss was because of [specify reasons alleged for damage due to construction, e.g., reduced business because construction made access to owner's business more difficult]. If you determine that [name of property owner] suffered damage to [his/her/its] remaining property during construction, you must determine the amount of this damage and include it in determining just compensation. ________________________________________________________________________________ New May 2017