BILL NUMBER: AB 321	CHAPTERED  09/30/00

	CHAPTER   948
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   AUGUST 14, 2000
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 22, 1999
	AMENDED IN ASSEMBLY   JUNE 2, 1999
	AMENDED IN ASSEMBLY   MAY 27, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999

INTRODUCED BY   Assembly Member Wildman

                        FEBRUARY 8, 1999

   An act to amend Section 822 of the Evidence Code, relating to
eminent domain.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 321, Wildman.  Eminent domain:  valuation.
   (1) Existing law renders inadmissible as evidence, and prohibits
as a basis for an opinion as to the value of property, in an eminent
domain or inverse condemnation proceeding, the price or other terms
and circumstances of an acquisition of property or a property
interest if the acquisition was for a public use for which the
property could have been taken by eminent domain.  Existing law
exempts from this provision the price or other terms and
circumstances of an acquisition of property appropriated to a public
use or a property interest so appropriated if the acquisition was for
the same public use for which the property could have been taken by
eminent domain.
   This bill would revise the above-described exemption to apply to
the price or other terms and circumstances if the proceeding relates
to the valuation of all or part of a water system.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.   Section 822 of the Evidence Code is amended to read:
   822.  (a) In an eminent domain or inverse condemnation proceeding,
notwithstanding the provisions of Sections 814 to 821, inclusive,
the following matter is inadmissible as evidence and shall not be
taken into account as a basis for an opinion as to the value of
property:
   (1) The price or other terms and circumstances of an acquisition
of property or a property interest if the acquisition was for a
public use for which the property could have been taken by eminent
domain.
   The price or other terms and circumstances shall not be excluded
pursuant to this paragraph if the proceeding relates to the valuation
of all or part of a water system as defined in Section 240 of the
Public Utilities Code.
   (2) The price at which an offer or option to purchase or lease the
property or property interest being valued or any other property was
made, or the price at which the property or interest was optioned,
offered, or listed for sale or lease, except that an option, offer,
or listing may be introduced by a party as an admission of another
party to the proceeding; but nothing in this subdivision permits an
admission to be used as direct evidence upon any matter that may be
shown only by opinion evidence under Section 813.
   (3) The value of any property or property interest as assessed for
taxation purposes or the amount of taxes which may be due on the
property, but nothing in this subdivision prohibits the consideration
of actual or estimated taxes for the purpose of determining the
reasonable net rental value attributable to the property or property
interest being valued.
   (4) An opinion as to the value of any property or property
interest other than that being valued.
   (5) The influence upon the value of the property or property
interest being valued of any noncompensable items of value, damage,
or injury.
   (6) The capitalized value of the income or rental from any
property or property interest other than that being valued.
   (b) In an action other than an eminent domain or inverse
condemnation proceeding, the matters listed in subdivision (a) are
not admissible as evidence, and may not be taken into account as a
basis for an opinion as to the value of property, except to the
extent permitted under the rules of law otherwise applicable.