Eminent Domain/POOF!: $233,750 Litigation Expense Award To Condemnee Under Conditional Dismissal Order Goes POOF When Order Is Vacated

 

Appellate Court Decides that Conditional Dismissal Order Issuance Was Error.

     Council of San Benito County Governments must be sighing with relief based on the appellate court vacating a conditional dismissal in an eminent domain proceeding. In Council of San Benito County Governments v. Hollister Inn, Inc., Case No. H036629 (6th Dist. Sept. 19, 2012) (published), a conditional dismissal was determined to be error because condemnee’s property was not landlocked such that condemnor had no legal obligation to exercise discretion under CCP § 1240.350.

     From an attorney’s fees perspective, the lower court did award fees of $233,750 to condemnee under CCP § 1260.120(c), which allows a conditional dismissal to be conditioned upon payment to defendant of all or part of the reasonable litigation expenses necessarily occurred due to the eminent domain omission.

     However, with the vacating of the conditional dismissal, the $233,750 fee award went POOF! Also, no fees on appeal to the loser--no entitlement under section 1260.120(c) and the reversal meant no fees anyway. Reversal of fortune, indeed!

San Benito County Courthouse.  Circa 1940.