Professor Gideon Kanner has a recurring feature on his eminent domain law blog Gideon’s Trumpet called “Lowball Watch” in which he points out cases in which the condemnor’s offer is below — way below— the eventual compensation awarded to a property owner.
Thus, we’re looking forward to his thoughts on the latest case from the California Court of Appeal (3d District) which held that for purposes of California’s statute awarding attorneys fees to property owners when the condemnor’s offer is “unreasonable,” an offer which is 38.8% of the eventual compensation fixed by the jury is unreasonable as a matter of law. Tracy Joint Unified School Dist. v. Pombo, No. C061239 (Oct. 29, 2010).
California’s eminent domain statutes provide that a property owner is entitled to litigation expenses in defending an eminent domain action if the condemnor’s final pretrial offer of compensation is “unreasonable.” Cal. Code of