Morales

The sole issue in this condemnation case is the entitlement of the condemnees to an award of litigation expenses under Code of Civil Procedure section 1250.410 based on a determination that the condemning agency’s final offer was unreasonable. We conclude the trial court relied on incorrect and improper information in evaluating the reasonableness of the final offer by the condemning agency. We reverse the award of litigation expenses and remand for reconsideration.

FACTUAL AND PROCEDURAL SUMMARY

The Redevelopment Agency of the City of Long Beach (Agency) filed a complaint in eminent domain on December 23, 2004, to acquire a parcel of land (the property) owned by Lewis D. and Nancy B. Morales. Scott Lidgard, the Agency’s appraiser, valued the property at $1.65 million as of the date of the action.

In July 2005, Mr. Lidgard prepared his trial exchange appraisal. As of the established date of value, March 21, 2005, Mr. Lidgard valued the property at $1,952,000, based on a value of $32 per square foot and a lot size of 61,000 square feet. The Moraleses’ appraiser, James Reid, valued the property at $3.4 million, based on a value of $55 per square foot and a lot size of…