Can a plaintiff in an inverse condemnation action bring a claim against the state for the costs of defending the action?

California, United States of America


The following excerpt is from Locklin v. City of Lafayette, 27 Cal.Rptr.2d 613, 7 Cal.4th 327, 867 P.2d 724 (Cal. 1994):

Plaintiffs reason that, since the right to bring an inverse condemnation action is subsumed within the right to just compensation (Rose v. State (1942) 19 Cal.2d 713, 719-724, 123 P.2d 505), one who is forced to initiate a suit to enforce the right to compensation may not be burdened with the state's costs if the suit, although in good faith, is unsuccessful. Just as a defendant in an action for eminent domain is entitled to costs in defending the action, the plaintiff in inverse condemnation must be free of expenses imposed as a result of exercising rights granted by article I, section 19.

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