What is the legal test for damages awarded by a court to a property owner whose property was damaged in a motor vehicle accident?

California, United States of America


The following excerpt is from People ex rel. Dep't of Transp. v. Norwalk Steakhouse, Inc., B258576 (Cal. App. 2015):

Under article I, section 19 of the California Constitution, an owner whose property is taken or damaged for a public use must be paid "just compensation, ascertained by a jury unless waived." When, as here, the property taken is part of a larger parcel, the owner must be compensated not only for the part taken, but also for the injury, if any, to the remainder. ( 1263.410, subd. (a).) Such additional compensation is commonly called "severance damages." (City of San Diego v. Neumann (1993) 6 Cal.4th 738, 741.) Severance damages are "the amount of the damage to the remainder reduced by the amount of the benefit to the remainder." ( 1263.410, subd. (b).) Evidence of the amount of such damages is usually presented by way of expert testimony.

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