County of Los Angeles v. Kranz

Opinion

FLEMING, Acting P. J.

This is a proceeding in eminent domain brought by the County of Los Angeles to acquire for street improvements a one-third-acre parcel of unimproved Redondo Beach land. owned by Eileen Kranz and Thomas Kranz, executor of the estate of Frank Kranz. Landowners appeal the order after judgment denying their motion to include their litigation expenses, attorney’s and appraiser’s fees, in the award of costs.

Landowners’ litigation expenses are not compensable as a matter of constitutional right in eminent domain proceedings.

(Community Redevelopment Agency

v.

Abrams

(1975) 15 Cal.3d 813, 827-838 [126 Cal.Rptr. 473, 453 P.2d 905].) The award of these expenses as costs is governed by statute. The statute applicable at the time of trial was former Code of Civil Procedure section 1249.3, which provided in pertinent part:

“At least 30 days prior to the date of trial, plaintiff shall file with the court and serve a copy thereof on defendant its final offer to the property sought to be condemned and defendant shall in like manner, file and serve a copy thereof on plaintiff his final demand for the property sought to be condemned....

“If the court, on motion of the defendant made within 30 days after entiy of judgment, finds that the offer of the condemnor was unreasonable and that the demand of condemnee was reasonable, all viewed in the light of the determination as to the value of the subject property, the costs allowed . . . shall include all expenses reasonably and necessarily incurred in preparing for and in conducting the condemnation trial including, and not limited to, reasonable attorney’s fees, appraisal fees,

[659]

surveyor’s fees, and the fees for other experts, where such fees are reasonably and necessarily incurred to protect defendant’s interest prior to trial, during trial and in any subsequent judicial proceedings in the condemnation action.

“In determining the amount of attorneys fees and expenses to be awarded under this section, the court shall consider written, revised or superseded offers and demands served and filed prior to or during the trial.”