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Mt. San Jacinto Community College Dist. v. Superior Court of Riverside

Citation: 35 ELR 20027
No. No. E035868, (Cal. App. 4th Dist., 02/04/2005)

A California appellate court held that for determining just compensation in a "quick" take eminent domain action, the date of valuation should be the date a deposit of probable compensation was made rather than the date of trial on the issue of just compensation. Under California law, the date of valuation of the property is statutorily required to be no later than the date the condemner deposits probable compensation for the owner. Although the owner's right to receive just compensation is a constitutional requirement that "cannot be made to depend on state statutory provisions," the date of valuation will ensure that the owner receives just compensation at the time of the taking.