3509A. Precondemnation Damages-Unreasonable Delay (Klopping Damages)
This is a California Jury Instructions form that can be used for Eminent Domain.
Instruction No 1 3509A. Precondemnation Damages--Unreasonable Delay (Klopping Damages) Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 I have determined that [insert one or both of the following:] [there was an unreasonable delay between [date of announcement of intent to condemn], when the [name of condemnor] announced its intent to condemn [name of property owner]'s property, and [date of filing], when this case was filed] [and] [insert description of unreasonable conduct]. In determining just compensation you must award damages that [name of property owner] has suffered as a result of the [name of condemnor]'s [delay/[describe unreasonable conduct]]. Such damages may include [insert damages appropriate to the facts, e.g., the cost of repairs, the loss of use of the property, loss of rent, loss of profits, or increased operating expenses pending repairs, and diminution of market value]. ________________________________________________________________________________ New September 2003; Revised and Renumbered May 2017