Kranz

This is a proceeding in eminent domain brought by the County of Los Angeles to acquire for street improvements a one-third-acre parcel of unimproved Redondo Beach land. owned by Eileen Kranz and Thomas Kranz, executor of the estate of Frank Kranz. Landowners appeal the order after judgment denying their motion to include their litigation expenses, attorney’s and appraiser’s fees, in the award of costs.

Landowners’ litigation expenses are not compensable as a matter of constitutional right in eminent domain proceedings. (Community Redevelopment Agency v. Abrams (1975) 15 Cal.3d 813, 827-838 [ 126 Cal.Rptr. 473 , 453 P.2d 905 ].) The award of these expenses as costs is governed by statute. The statute applicable at the time of trial was former Code of Civil Procedure section 1249.3, which provided in pertinent part:

Before trial, county’s final offer was $63,000: landowners demanded $72,500. At trial, county’s expert appraised the property at $57,200: landowners’ expert valued it at $96,750. The jury found the fair market value of the property to be $79,077.55.

It is conceded that landowners’ final pretrial demand was reasonable. The issue is whether county’s final…