The costs of any proceeding or action pursuant to this chapter may be allowed and apportioned between the parties or taxed to the losing party in the discretion of the court.
§ 868.Costs of Proceeding
Title 10. Actions In Particular Cases · Chapter 9. Validating Proceedings · Enacted 1961 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 868 gives the court discretion to allow and apportion the costs of a validation proceeding between the parties, or to tax them entirely to the losing party.
Full Text of § 868
Plain-English Summary
Costs in a validation proceeding don't follow a fixed formula. Section 868 leaves the allocation to the court's discretion -- costs may be allowed and split between the parties, or taxed entirely to whichever side loses.
That flexibility fits a proceeding that can involve a public agency on one side and, potentially, an interested private party on the other, in a case whose entire point is resolving a novel or contested legal question rather than assigning blame between adversaries.
Frequently Asked Questions
Who pays the costs of a validation proceeding?
The court decides, in its discretion, whether to apportion costs between the parties or tax them to the losing party.
Is cost-shifting automatic in these cases?
No, § 868 leaves it to the court's discretion.
Amendment History
Added by Stats. 1961, Ch. 1479.
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: costs validation action california