What is the test for determining when an eminent domain application is reasonable or unreasonable?

California, United States of America


The following excerpt is from County of San Diego v. Woodward, 186 Cal.App.3d 82, 230 Cal.Rptr. 406 (Cal. App. 1986):

"The statute authorizing litigation costs in eminent domain proceedings does not contain specific criteria to permit a single mathematical analysis to determine when an offer is either reasonable or unreasonable. General guidelines, however, have been established, including these facts: '(1) the amount of the difference between the offer and the compensation awarded, (2) the percentage of the difference between the offer and the award ... and (3) the good faith, care and accuracy in how the amount of the offer and the amount of the demand, respectively, were determined.' [Citations.]" (State v. Turner, supra, 90 Cal.App.3d at p. 37, 153 Cal.Rptr. 156.)

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