Are litigation expenses payable in an eminent domain proceeding compensable as a matter of constitutional right?
California, United States of America
The following excerpt is from County of Los Angeles v. Kranz, 135 Cal.Rptr. 473, 65 Cal.App.3d 656 (Cal. App. 1977):
Landowners' litigation expenses are not compensable as a matter of constitutional right in eminent domain proceedings. (Community Redevelopment Agency v. Abrams (1975) 15 Cal.3d 813, 827--838, 126 Cal.Rptr. 473, 543 P.2d 905.) The award of these expenses as costs is governed by statute. The statute applicable at the time of trial was former Code of Civil Procedure section 1249.3, which provided in pertinent part:
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