"Litigation expenses" includes both of the following:
§ 1235.140.Litigation Expenses
Title 7. Eminent Domain Law · Chapter 2. Principles of Construction; Definitions · Article 2. Words and Phrases Defined · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1235.140 defines "litigation expenses" to include both the costs reasonably incurred in preparing for and conducting the trial and any later judicial proceedings, and the reasonable attorney, appraisal, and other expert fees reasonably incurred to protect the defendant's interests in the proceeding.
Full Text of § 1235.140
(a) All expenses reasonably and necessarily incurred in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings.
(b) Reasonable attorney's fees, appraisal fees, and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect the defendant's interests in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings whether such fees were incurred for services rendered before or after the filing of the complaint.
Plain-English Summary
This definition sets up what a property owner can later recover as "litigation expenses" if the statutory conditions elsewhere in the title are met -- most notably under § 1268.610's award of litigation expenses when the plaintiff abandons the proceeding or the compensation ultimately awarded exceeds the plaintiff's final settlement offer under § 1250.410.
The definition has two parts. Subdivision (a) covers all expenses reasonably and necessarily incurred in the proceeding while preparing for trial, during trial, and in any subsequent judicial proceedings -- a general catchall for the costs of litigating. Subdivision (b) is specific to professional fees: reasonable attorney's fees, appraisal fees, and fees for other experts, but only where those fees were reasonably and necessarily incurred to protect the defendant's interests, whether the work was done before or after the complaint was filed.
The focus on protecting "the defendant's interests" reflects who this definition is built for -- the property owner defending against condemnation, not the condemning plaintiff.
Frequently Asked Questions
What two categories make up "litigation expenses" under this title?
General expenses reasonably and necessarily incurred in preparing for and conducting the proceeding, and reasonable attorney's, appraisal, and other expert fees incurred to protect the defendant's interests.
Do these fees have to be incurred after the complaint is filed to count?
No. Section 1235.140(b) covers qualifying fees whether they were incurred for work done before or after the complaint was filed.
Where does this definition of "litigation expenses" get used substantively?
Most notably in § 1268.610, which requires the court to award the defendant litigation expenses under specified circumstances, such as abandonment of the proceeding.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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