Unless the court otherwise orders, whether or not he is the prevailing party, the defendant in the proceeding shall be allowed his costs on appeal. This section does not apply to an appeal involving issues between defendants.
§ 1268.720.Defendant Allowed Costs On Appeal
Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 8. Costs · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1268.720 entitles the defendant to costs on appeal regardless of which side prevails, unless the court orders otherwise, though this rule does not extend to an appeal involving disputes between defendants.
Full Text of § 1268.720
Plain-English Summary
Costs on appeal ordinarily follow the prevailing party, but this section departs from that default for eminent domain appeals. Unless the court orders otherwise, the defendant is allowed costs on appeal whether or not the defendant won the appeal.
That's a deliberate tilt in the defendant's favor, recognizing that the defendant is typically the property owner defending against the government's taking rather than the party who chose to bring the case. The rule has a limit, though: it doesn't apply to an appeal involving issues between defendants themselves, where the ordinary prevailing-party principles, or the court's own allocation, take over instead.
Frequently Asked Questions
Does the defendant get costs on appeal even if the defendant loses?
Yes, unless the court orders otherwise, the defendant is allowed costs on appeal regardless of which side prevails.
Does this rule apply to every appeal in the case?
No. It doesn't apply to an appeal involving issues between defendants, such as a dispute over title or apportionment among them.
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
Also known as: costs on appeal eminent domain californiadefendant appeal costs condemnation