State: California
The current way attorney fees are awarded in eminent domain: Since 1975, attorney fees can be awarded in California for eminent domain if:
- final offer of compensation was unreasonable
- the final demand of the property owner was reasonable
Assembly Bill 408 wants to change the standard for attorney fees in eminent domain to:
- Attorney fees must be awarded if condemnor’s offer is lower than 90% than the court’s value determination
- Attorney fees may be awarded if condemnor’s offer is between 90-100% of the court’s value determination
What opponents to AB 408 are saying: this will disincetivize landowners from settling, encourage more litigation and thereby drive up costs for public projects