California, United States of America
The following excerpt is from Locklin v. City of Lafayette, 27 Cal.Rptr.2d 613, 7 Cal.4th 327, 867 P.2d 724 (Cal. 1994):
Plaintiffs reason that, since the right to bring an inverse condemnation action is subsumed within the right to just compensation (Rose v. State (1942) 19 Cal.2d 713, 719-724, 123 P.2d 505), one who is forced to initiate a suit to enforce the right to compensation may not be burdened with the state's costs if the suit, although in good faith, is unsuccessful. Just as a defendant in an action for eminent domain is entitled to costs in defending the action, the plaintiff in inverse condemnation must be free of expenses imposed as a result of exercising rights granted by article I, section 19.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.