Bill Text: CA SB1167 | 2017-2018 | Regular Session | Introduced
Bill Title: Eminent domain: final offer of compensation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-05-08 - May 8 set for first hearing. Failed passage in committee. (Ayes 2. Noes 1. Page 4997.) [SB1167 Detail]
Download: California-2017-SB1167-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
Senate Bill | No. 1167 |
Introduced by Senator Anderson (Coauthor: Assembly Member Chen) |
February 14, 2018 |
An act to amend Section 1250.410 of the Code of Civil Procedure, relating to eminent domain.
LEGISLATIVE COUNSEL'S DIGEST
SB 1167, as introduced, Anderson.
Eminent domain: final offer of compensation.
Existing law governing settlement offers in eminent domain proceedings authorizes the recovery of litigation expenses under certain circumstances. Existing law provides that if a court finds, on motion of the defendant, that the offer of the plaintiff was unreasonable and the offer of the defendant was reasonable in light of the evidence admitted and the compensation awarded in the proceeding, then the costs allowed shall include the defendant’s litigation expenses.
This bill would instead provide that if a court finds, on motion of the defendant, that the offer of the plaintiff was lower than 85% of the compensation awarded in the proceeding, then the court would be required to include the defendant’s litigation costs in the costs allowed. If the court finds that the offer of the plaintiff was at least 85% and less than 100% of the compensation
awarded in the proceeding, the court would be authorized to include the defendant’s litigation costs in the costs allowed.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1250.410 of the Code of Civil Procedure is amended to read:1250.410.
(a) At least 20 days(b) If the court, on motion of the defendant made within 30 days after entry of judgment, finds that the offer of the plaintiff was unreasonable and that the demand of the defendant was reasonable viewed in the light of the evidence admitted and lower than 85 percent of the compensation awarded in the proceeding, the costs allowed pursuant to Section 1268.710 shall include the defendant’s litigation expenses. If the court finds that the offer of the plaintiff was at least 85 percent and less than 100
percent of the compensation awarded in the proceeding, the costs allowed pursuant to Section 1268.710 may include the defendant’s litigation expenses.
(c) In determining the amount of litigation expenses allowed under this section, the court shall consider the offer required to be made by the plaintiff pursuant to Section 7267.2 of the Government Code, any deposit made by the plaintiff pursuant to Chapter 6 (commencing with Section 1255.010), and any other written offers and demands filed and served before or during the trial.
(d) If timely made, the offers and demands as provided in subdivision (a) shall be considered by the court on the issue of determining an entitlement to litigation expenses.
(e) As used in this section, “litigation expenses” means the party’s reasonable attorney’s fees
and costs, including reasonable expert witness and appraiser fees.