(a) At least 20 days prior to the date of the trial on issues relating to compensation, the plaintiff shall file with the court and serve on the defendant its final offer of compensation in the proceeding and the defendant shall file and serve on the plaintiff its final demand for compensation in the proceeding. The offer and the demand shall include all compensation required pursuant to this title, including compensation for loss of goodwill, if any, and shall state whether interest and costs are included. These offers and demands shall be the only offers and demands considered by the court in determining the entitlement, if any, to litigation expenses. Service shall be in the manner prescribed by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
§ 1250.410.Offer of Compensation Served On Defendant; Demand For Compensation Served On Plaintiff; Litigation Expenses
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 6. Settlement Offers and Alternative Dispute Resolution · Last amended 2007 · Last verified July 29, 2026
In one sentenceSection 1250.410 requires each side to exchange final offers and demands of compensation at least 20 days before trial, then lets the court shift the defendant's litigation expenses onto the plaintiff if the plaintiff's offer was unreasonable and the defendant's demand was reasonable in light of the judgment.
Full Text of § 1250.410
(b) If the court, on motion of the defendant made within 30 days after entry of judgment, finds that the offer of the plaintiff was unreasonable and that the demand of the defendant was reasonable viewed in the light of the evidence admitted and the compensation awarded in the proceeding, the costs allowed pursuant to Section 1268.710 shall include the defendant's litigation expenses.
(c) In determining the amount of litigation expenses allowed under this section, the court shall consider the offer required to be made by the plaintiff pursuant to Section 7267.2 of the Government Code, any deposit made by the plaintiff pursuant to Chapter 6 (commencing with Section 1255.010), and any other written offers and demands filed and served before or during the trial.
(d) If timely made, the offers and demands as provided in subdivision (a) shall be considered by the court on the issue of determining an entitlement to litigation expenses.
(e) As used in this section, "litigation expenses" means the party's reasonable attorney's fees and costs, including reasonable expert witness and appraiser fees.
Plain-English Summary
This is eminent domain's own version of a pretrial settlement-pressure mechanism. At least 20 days before trial on compensation issues, the plaintiff must file and serve its final offer, and the defendant must file and serve its final demand. Both figures have to cover every category of compensation available under this title, including goodwill if any is claimed, and each has to say whether it includes interest and costs.
These particular filings carry outsized weight because subdivision (a) makes them the only offers and demands the court considers when deciding whether to award litigation expenses — other settlement talk does not count for this purpose, though subdivision (c) does let the court also weigh the offer required by Government Code § 7267.2, any deposit made under Chapter 6 (commencing with § 1255.010), and other written offers and demands exchanged before or during trial.
The payoff comes after judgment. On a motion the defendant must bring within 30 days of entry of judgment, the court looks at the evidence admitted and the compensation awarded, and decides whether the plaintiff's offer was unreasonable and the defendant's demand was reasonable in that light. If so, the costs recoverable under § 1268.710 expand to include the defendant's litigation expenses — reasonable attorney's fees and costs, including expert witness and appraiser fees, as subdivision (e) defines the term.
Frequently Asked Questions
When must the parties exchange final offers and demands of compensation?
At least 20 days before the trial on issues relating to compensation, under § 1250.410(a).
What can a defendant recover if the plaintiff's final offer turns out to have been unreasonable?
Litigation expenses — reasonable attorney's fees and costs, including expert witness and appraiser fees — added to the costs allowed under § 1268.710, if the court also finds the defendant's demand was reasonable.
How soon after judgment must the defendant move for litigation expenses?
Within 30 days after entry of judgment.
Does the court consider settlement offers made outside this exchange?
For litigation-expense purposes, only the offers and demands described in subdivision (a) count directly, though the court also considers the Government Code § 7267.2 offer, deposits under § 1255.010, and other written offers and demands exchanged before or during trial.
Amendment History
Amended by Stats 2006 ch 594 (SB 1210),s 1, eff. 1/1/2007. Amended by Stats 2002 ch 295 (AB 1770),s 1, eff. 1/1/2003. Article heading amended by Stats 2001 ch 428 (AB 237), ss 1, 2eff. 1/1/2002. Previously Amended July 13, 1999 (Bill Number: SB 634) (Chapter 102).
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
Also known as: eminent domain settlement offer litigation expensesfinal offer and demand condemnation casecost shifting eminent domain california