When determining fair market value in an eminent domain case, does the determination of value present a question of fact?
California, United States of America
The following excerpt is from Wells Fargo Bank, N.A. v. 6354 Figarden Gen. P'ship, 190 Cal.Rptr.3d 13, 238 Cal.App.4th 370 (Cal. App. 2015):
In other contexts, the determination of value presents a question of fact. (See EHP Glendale, LLC v. County of Los Angeles (2011) 193 Cal.App.4th 262, 272, 122 Cal.Rptr.3d 378 ; CACI No. 3501 [fair market value in eminent domain case].) We reach the same conclusion here. For purposes of section 729.060, the monetary worth to the purchaser of his or her use and occupation of the property presents a question of fact.
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