When Condemnation Actions Go Wrong
“In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a property owner challenges the agency’s right to take, it is typically for procedural reasons that can ultimately be corrected. However, where a property owner successfully challenges the agency’s right to take, the consequences can be significant, as the agency is required to pay the property owner’s litigation expenses — including attorneys’ fees, expert fees, and costs. (See Code Civ. Proc., sec. 1260.120.) A recent unsuccessful eminent domain action filed by the City of Claremont shows just how drastic of a result that can be.”
Nossaman. California Eminent Domain REport 12 October 2017.