3510 . V alue of Easement
The [ name of condemnor ] has taken the right to use a portion of [ name of
pr operty owner ]’ s land for a specific purpose. That right is called an
“easement.” After an easement has been taken, the property owner has
the right to use the land for any purpose that does not conflict with the
Y ou must determine the fair market value of the easement on [ insert date
of valuation ]. The fair market value of the easement is determined by
subtracting the fair market value of the land after the easement was
taken from the fair market value of the land before the easement was
Sources and Authority
• “The holder of an easement is entitled to damages when the easement is taken or
damaged for public use.” ( County Sanitation Dist. No. 8 of Los Angeles County
v . W atson Land Co. (1993) 17 Cal.App.4th 1268, 1279 [22 Cal.Rptr .2d 117],
internal citation omitted.)
• “The value of an easement in gross . . . is the dif ference in the before and after
value of the strip of land taken, and not what has been gained by the public
agency .” ( County Sanitation Dist., supra, 17 Cal.App.4th at p. 1279, internal
citations omitted.)
• “ ‘An easement is an incorporeal interest in the land of another that gives its
owner the right to use the land of another or to prevent the property owner from
using his land.’ ” ( County Sanitation Dist., supra, 17 Cal.App.4th at p. 1278,
internal citations omitted.)
Secondary Sources
8 W itkin, Summary of California Law (1 1th ed. 2017) Constitutional Law , § 1371
1 Condemnation Practice in California (Cont.Ed.Bar 3d ed.) §§ 4.79-4.81
4 Nichols on Eminent Domain, Ch. 12D, V aluation of Inter ests Other Than Fee
Inter ests , § 12D.01[1][a] (Matthew Bender)
20 California Forms of Pleading and Practice, Ch. 247, Eminent Domain and
Inverse Condemnation , § 247.136 (Matthew Bender)
Page last reviewed May 2024
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