§ 1258.260.Information Included In State of Valuation Data
Title 7. Eminent Domain Law · Chapter 7. Discovery; Exchange of Valuation Data · Article 2. Exchange of Valuation Data · Last amended 2002 · Last verified July 29, 2026
Full Text of § 1258.260
Plain-English Summary
This is the heart of Article 2's disclosure obligation, and it's detailed on purpose. Beyond the witness's name and address, the statement has to say whether the witness will opine on any of the four matters § 1258.250 lists, and for each one, what that opinion is -- plus, to the extent the opinion rests on them, the interest being valued, the date of valuation used, the property's highest and best use, the applicable zoning and any expected change in it, the comparable sales, contracts, and leases behind the opinion, reproduction or replacement cost and depreciation figures, income and capitalization data, a description and value of the larger parcel if only part of it is being taken, and the method behind any goodwill-loss figure.
For each sale, contract, or lease relied on, the statement has to identify the parties, the property's location, the transaction date, recording details if recorded, the price and terms (or, alternatively, where and when the underlying document is available for inspection), and the property's area and shape. If the witness's opinion leans on someone else's opinion, that person has to be identified too, along with that person's occupation and the subject of their opinion.
Two closing rules round this out. Ordinarily, the witness must sign the statement confirming it reflects the witness's opinions and knowledge on the matters covered. But a party can skip that separate signed statement by using the witness's own appraisal report as the statement of valuation data, so long as the report already contains everything this section requires.
Frequently Asked Questions
What must a statement of valuation data say about the witness's opinion?
Whether the witness will opine on any of the matters listed in § 1258.250, and for each one, what the opinion is, along with the supporting data this section requires to the extent the opinion relies on it.
What information is required about sales or leases the opinion relies on?
The parties' names and addresses, the property's location, the transaction date, recording information if recorded, the price and terms or where the document can be inspected, and the property's area and shape.
Does the witness have to sign the statement of valuation data?
Yes, unless the party instead uses the witness's own appraisal report containing the required information as the statement of valuation data.
What if the witness's opinion is based on someone else's opinion?
The statement must identify that other person, their occupation, and the subject matter of their opinion.
Can an appraisal report substitute for a separate statement of valuation data?
Yes, if the report was prepared by the witness and includes the information a statement of valuation data must contain.
Amendment History
Amended by Stats 2001 ch 428 (AB 237), s 8, eff. 1/1/2002.