In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a settlement of that proceeding, shall determine and award or allow to the plaintiff, as a part of that judgment or settlement, a sum that will, in the opinion of the court, reimburse the plaintiff's reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of that proceeding in the trial court or in any appellate proceeding in which the plaintiff prevails on any issue in that proceeding.
§ 1036.Inverse Condemnation Proceeding
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1996 · Last verified July 28, 2026
In one sentenceSection 1036 requires a court awarding compensation to a prevailing plaintiff in an inverse condemnation proceeding, or a public entity's attorney settling one, to also award the plaintiff's reasonable costs, disbursements, and expenses incurred, including attorney, appraisal, and engineering fees, at trial or on appeal.
Full Text of § 1036
Plain-English Summary
Inverse condemnation cases -- where a property owner sues a public entity for effectively taking or damaging property without formal eminent domain proceedings -- often require expensive appraisal and engineering evidence to prove the taking and its value. Section 1036 makes sure winning that fight doesn't leave the plaintiff worse off financially after paying for the proof.
Whether the case ends in a judgment awarding compensation or in a settlement the public entity's own attorney negotiates, the court, or the settlement itself, must include a sum reimbursing the plaintiff's reasonable costs, disbursements, and expenses incurred because of the proceeding, expressly including attorney, appraisal, and engineering fees. That reimbursement reaches both trial-level and appellate proceedings, so long as the plaintiff prevails on any issue along the way.
Frequently Asked Questions
What costs can a prevailing plaintiff recover in an inverse condemnation case?
Reasonable costs, disbursements, and expenses incurred because of the proceeding, expressly including reasonable attorney, appraisal, and engineering fees.
Does this reimbursement only apply when the case goes to judgment?
No. It also applies when the public entity's attorney effects a settlement of the proceeding.
Does Section 1036 cover costs incurred on appeal?
Yes, so long as the plaintiff prevails on any issue in the appellate proceeding.
Amendment History
Amended by Stats. 1995, Ch. 181, Sec. 1. Effective January 1, 1996.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1036 inverse condemnation attorney fees californiainverse condemnation appraisal engineering fees california