CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010. - 1255.480.]

Chapter 6 added by Stats. 1975, Ch. 1275.

§§ 1255.010–1255.480 · 22 sections

1. ARTICLE 1. Deposit of Probable Compensation §§ 1255.010–1255.080 · 9 sections

   • § 1255.010 (a) At any time before entry of judgment, the plaintiff may deposit with the State Treasury the probable amount of compensation, based on an appraisal, that…
   • § 1255.020 (a) On making a deposit pursuant to Section 1255.010, the plaintiff shall serve a notice of deposit on all parties who have appeared in the proceeding and file…
   • § 1255.030 (a) At any time after a deposit has been made pursuant to this article, the court shall, upon motion of the plaintiff or of any party having an interest in the…
   • § 1255.040 (a) If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more than two…
   • § 1255.050 If the property to be taken is subject to a leasehold interest and the plaintiff has not made a deposit that satisfies the requirements of this article, the…
   • § 1255.060 (a) The amount deposited or withdrawn pursuant to this chapter may not be given in evidence or referred to in the trial of the issue of compensation. (b) In…
   • § 1255.070 In lieu of depositing the money with the State Treasury as provided in Section 1255.010, upon written request of the plaintiff, the court shall order the money…
   • § 1255.075 (a) Prior to entry of judgment, a defendant who has an interest in the property for which a deposit has been made under this chapter may, upon notice to the…
   • § 1255.080 By depositing the probable compensation pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to…
2. ARTICLE 2. Withdrawal of Deposit §§ 1255.210–1255.280 · 7 sections

   • § 1255.210 Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The application shall be…
   • § 1255.220 Subject to the requirements of this article, the court shall order the amount requested in the application, or such portion of that amount as the applicant is…
   • § 1255.230 (a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for all objections has expired,…
   • § 1255.240 (a) If the court determines that an applicant is entitled to withdraw any portion of a deposit that another party claims or to which another person may be…
   • § 1255.250 (a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the original…
   • § 1255.260 If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation of law of all…
   • § 1255.280 (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…
3. ARTICLE 3. Possession Prior to Judgment §§ 1255.410–1255.480 · 6 sections

   • § 1255.410 (a) At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may move the court for an order…
   • § 1255.440 If an order has been made under Section 1255.410 authorizing the plaintiff to take possession of property and the court subsequently determines that the…
   • § 1255.450 (a) As used in this section, “record owner” means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded…
   • § 1255.460 An order for possession issued pursuant to Section 1255.410 shall: (a) Recite that it has been made under this section. (b) Describe the property to be…
   • § 1255.470 By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right…
   • § 1255.480 Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.