California, United States of America
The following excerpt is from Freeport Reg'l Water Auth. v. M&H Realty Partners VI, L.P., C075878 (Cal. App. 2019):
A property owner in an eminent domain action "shall be allowed their costs." ( 1268.710.) The costs allowable to the property owner are identical to those allowable in civil actions under section 1032. (Ferrell v. County of San Diego (2001) 90 Cal.App.4th 537, 542-544.) Section 1033.5, subdivision (a) lists allowable cost items; subdivision (b) lists the items not allowable as costs. Section 1033.5, subdivision (c)(4) states: "Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion." Judicial reference fees are not listed in either subdivision (a) or (b) and, by default, fall under subdivision (c)(4).
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