Jul. 5, 2002

'Hackett' Preserves the Promise of Just Compensation

Focus Column - Real Property - By Ethan K. Friedman - Code of Civil Procedure Section 1263.120 provides that the date of valuation of property in eminent-domain actions is the date of the commencement of the action if the action is brought to trial within one year. The 6th District Court of Appeal has ruled that Section 1263.120 is unconstitutional as applied to property whose value increases in the period between the date of commencement of litigation and the date of trial.