People Ex Rel. Department of Transportation v. Hansen's Truck Stop, Inc.

Opinion

RIVERA, J.

— In eminent domain actions, the law directs the parties to exchange formal settlement proposals prior to trial. (Code Civ. Proc., § 1250.410, subd. (a).) If, after trial, the property owner’s statutory demand for compensation is found to have been reasonable and the condemning agency’s statutory offer unreasonable, then the property owner is entitled to recover litigation expenses. (§ 1250.410, subd. (b).) When determining entitlement to litigation expenses, the law instructs the judge to consider only the final offer and demand that were made “[a]t least 20 days prior to…