Section 817 Of Article 2. Evidence Of Market Value Of Property From California Evidence Code >> Division 7. >> Chapter 1. >> Article 2.
817
. (a) Subject to subdivision (b), when relevant to the
determination of the value of property, a witness may take into
account as a basis for an opinion the rent reserved and other terms
and circumstances of any lease which included the property or
property interest being valued or any part thereof which was in
effect within a reasonable time before or after the date of
valuation, except that in an eminent domain proceeding where the
lease includes only the property or property interest being taken or
a part thereof, such lease may not be taken into account in the
determination of the value of property if it is entered into after
the filing of the lis pendens.
(b) A witness may take into account a lease providing for a rental
fixed by a percentage or other measurable portion of gross sales or
gross income from a business conducted on the leased property only
for the purpose of arriving at an opinion as to the reasonable net
rental value attributable to the property or property interest being
valued as provided in Section 819 or determining the value of a
leasehold interest.