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Perspective

Nov. 6, 2010

Eminent Domain Case Clarifies Test For Determining Litigation Expenses

Government agencies could be on the hook for litigation expenses if their final offers of compensation in eminent domain actions are unreasonable. By Rick E. Rayl and Bradford B. Kuhn of Nossaman.

By Rick E. Rayl and Bradford B. Kuhn

In California eminent domain cases, government agencies must take care in formulating the final offer of compensation they make before trial. If the court concludes after trial that the agency's offer was unreasonable - and that the property/business owner's final demand was reasonable - the property/business owner is entitled to an award of litigation expenses, including attorneys fees. (See Code of Civil Procedure Section 1250.410.) ...

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