Does Section 1268.710 of the California Constitution allow a defendant in an eminent domain action to recover costs incurred in defending the action?

California, United States of America


The following excerpt is from Ferrell v. County of San Diego, 108 Cal.Rptr.2d 681, 90 Cal.App.4th 537 (Cal. App. 2001):

Furthermore, by comparison, in an eminent domain action that is similar to an inverse condemnation action, a property owner also has a statutory right to recover costs incurred in defending the action. Section 1268.710 provides: "The defendant[s] shall be allowed their costs . . . ." Before section 1268.710 was enacted in 1975, its predecessor statute, former section 1255, similarly provided for awards of costs to eminent domain defendants.17 People v. Bowman (1959) 173 Cal.App.2d 416, 418 rejected the argument that former section 1255 allowed awards of costs other than ordinary costs:

Other Questions


Can a plaintiff recover attorney fees and costs incurred in defending a contract action under section 1717? (California, United States of America)
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 13967, subdivision (c) of the California Constitution allow a victim to recover any time he or she suffers as a result of the crime? (California, United States of America)
In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)
Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.