In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the easement as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the easement or portion thereof as to which the notice is recorded. As used in this section, the term âlitigation expensesâ means recoverable costs and expenses reasonably and necessarily incurred in preparation for the action, including a reasonable attorneyâs fee.
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