-- Last revised 01/08/24 --
Evidence of Prejudgment Deposit Appraisal in Eminent Domain - Study EM-459
The Commission recommended revision of the statutes governing evidence of the condemnor's prejudgment deposit appraisal in order to:
(1) Codify case law that evidence of the prejudgment deposit appraisal may be used for purposes of impeaching a witness who prepared the appraisal.The Commission's recommendation was enacted by the Legislature. See below.(2) Emphasize that the protections against use of prejudgment deposit appraisal evidence apply equally to the property owner and the condemnor.
(3) Make clear that evidence of the prejudgment deposit may be used in determining the amount of litigation expenses for which a condemnor may be assessed.
Related Material
Legislation
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2002: Assembly Bill 1770 (Papan) -- Bill information at Legislative Counsel's website
Enacted. 2002 Cal. Stat. ch. 293
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Final Recommendation
- Recommendation -- Evidence of Prejudgment Deposit Appraisal in Eminent Domain (3/29/2001)
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Evidence of Prejudgment Deposit Appraisal in Eminent Domain (December 2000)
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Staff Memoranda
- Memo 2001-24, Supp. 2 -- Evidence of Prejudgment Deposit Appraisal in Eminent Domain: Comments on Tentative Recommendation (3/28/2001)
- Memo 2001-24, Supp. 1 -- Evidence of Prejudgment Deposit Appraisal in Eminent Domain: Comments on Tentative Recommendation (3/22/2001)
- Memo 2001-24 -- Evidence of Prejudgment Deposit Appraisal in Eminent Domain: Comments on Tentative Recommendation (3/6/2001)
- Memo 2000-79, Supp. 1 -- Prejudgment Deposit Appraisal in Eminent Domain (Comments of CalTrans) (12/13/2000)
- Memo 2000-79 -- Prejudgment Deposit Appraisal in Eminent Domain (10/26/2000)