CHAPTER 11. Postjudgment Procedure [1268.010. - 1268.720.]

Chapter 11 added by Stats. 1975, Ch. 1275.

§§ 1268.010–1268.720 · 31 sections

1. ARTICLE 1. Payment of Judgment; Final Order of Condemnation §§ 1268.010–1268.030 · 3 sections

   • § 1268.010 (a) Not later than 30 days after final judgment, or 30 days after the conclusion of any other court proceedings, including any federal court proceedings,…
   • § 1268.020 (a) If the plaintiff fails to pay the full amount required by the judgment within the time specified in Section 1268.010, the defendant may: (1) If the…
   • § 1268.030 (a) Upon application of any party, the court shall make a final order of condemnation if the full amount of the judgment has been paid as required by Section…
2. ARTICLE 2. Deposit and Withdrawal of Award §§ 1268.110–1268.170 · 7 sections

   • § 1268.110 (a) Except as provided in subdivision (b), the plaintiff may, at any time after entry of judgment, deposit with the court for the persons entitled thereto the…
   • § 1268.120 If the deposit is made under Section 1268.110 prior to apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of…
   • § 1268.130 At any time after the plaintiff has made a deposit upon the award pursuant to Section 1268.110, the court may, upon motion of any defendant, order the…
   • § 1268.140 (a) After entry of judgment, any defendant who has an interest in the property for which a deposit has been made may apply for and obtain a court order that he…
   • § 1268.150 (a) Except as provided in subdivision (b), when money is deposited as provided in this article, the court shall order the money to be deposited in the State…
   • § 1268.160 (a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain…
   • § 1268.170 By making a deposit pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to…
3. ARTICLE 3. Possession After Judgment §§ 1268.210–1268.240 · 4 sections

   • § 1268.210 (a) If the plaintiff is not in possession of the property to be taken, the plaintiff may, at any time after entry of judgment, apply ex parte to the court for…
   • § 1268.220 (a) The plaintiff shall serve a copy of the order for possession upon each defendant and his attorney, either personally or by mail: (1) At least 30 days prior…
   • § 1268.230 By taking possession pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right…
   • § 1268.240 Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
4. ARTICLE 4. Interest §§ 1268.310–1268.360 · 7 sections

   • § 1268.310 The compensation awarded in the proceeding shall draw interest, computed as prescribed by Section 1268.350, from the earliest of the following dates: (a) The…
   • § 1268.311 In any inverse condemnation proceeding in which interest is awarded, the interest shall be computed as prescribed by Section 1268.350.
   • § 1268.320 The compensation awarded in the proceeding shall cease to draw interest at the earliest of the following dates: (a) As to any amount deposited pursuant to…
   • § 1268.330 If, after the date that interest begins to accrue, the defendant: (a) Continues in actual possession of the property, the value of that possession shall be…
   • § 1268.340 Interest, including interest accrued due to possession of property by the plaintiff prior to judgment, and any offset against interest as provided in Section…
   • § 1268.350 (a) As used in this section, “apportionment rate” means the apportionment rate calculated by the Controller as the rate of earnings by the Surplus Money…
   • § 1268.360 The interest payable for each calendar quarter shall draw interest, computed as prescribed by Section 1268.350, in each succeeding calendar quarter for which…
5. ARTICLE 5. Proration of Property Taxes §§ 1268.410–1268.450 · 5 sections

   • § 1268.410 As between the plaintiff and defendant, the plaintiff is liable for any ad valorem taxes, penalties, and costs upon property acquired by eminent domain…
   • § 1268.420 (a) Except as provided in subdivision (b): (1) If the acquisition of property by eminent domain will make the property exempt property as defined in Section…
   • § 1268.430 (a) If the defendant has paid any amount for which, as between the plaintiff and defendant, the plaintiff is liable under this article, the plaintiff shall pay…
   • § 1268.440 (a) If taxes have been paid on property that is exempt property as defined in Section 5081 of the Revenue and Taxation Code, the amount of the taxes that, if…
   • § 1268.450 If property acquired by eminent domain does not have a separate valuation on the assessment roll, any party to the eminent domain proceeding may, at any time…
6. ARTICLE 6. Abandonment § 1268.510 · 1 section

   • § 1268.510 (a) At any time after the filing of the complaint and before the expiration of 30 days after final judgment, the plaintiff may wholly or partially abandon the…
7. ARTICLE 7. Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take §§ 1268.610–1268.620 · 2 sections

   • § 1268.610 (a) Subject to subdivisions (b) and (c), the court shall award the defendant his or her litigation expenses whenever: (1) The proceeding is wholly or partly…
   • § 1268.620 If, after the defendant moves from property in compliance with an order or agreement for possession or in reasonable contemplation of its taking by the…
8. ARTICLE 8. Costs §§ 1268.710–1268.720 · 2 sections

   • § 1268.710 The defendants shall be allowed their costs, including the costs of determining the apportionment of the award made pursuant to subdivision (b) of Section…
   • § 1268.720 Unless the court otherwise orders, whether or not he is the prevailing party, the defendant in the proceeding shall be allowed his costs on appeal. This…