What are the fees a property owner may recover from a condemning agency pursuant to section 1250.410 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from People ex rel. Dept. of Transportation v. Yuki, 31 Cal.App.4th 1754, 37 Cal.Rptr.2d 616 (Cal. App. 1995):

Code of Civil Procedure section 1235.140 provides that the litigation expenses a property owner may recover from the condemning agency pursuant to section 1250.410 include: "Reasonable attorney's fees, appraisal fees, and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect the defendant's interests in the proceeding...." ( 1235.140, subd. (b).) While the amount to be awarded as attorney fees is a matter committed to the court's discretion (Glendora Community Redevelopment Agency v. Demeter (1984) 155 Cal.App.3d 465, 474, 202 Cal.Rptr. 389), courts have developed general rules to guide the exercise of that discretion in determining a reasonable fee. (Ibid.)

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