§ 1245.040.Modification of Order; Amount of Deposit Increased By Order of Modification
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 1. Preliminary Location, Survey, and Tests · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1245.040
Plain-English Summary
Circumstances can change after a court issues an entry order under § 1245.030 — the scope of work might grow, or the estimate of probable compensation might turn out to be too low. This section lets the court revisit and modify any part of that order, but only after notice and a hearing, not on its own initiative without process.
When a modification raises the deposit amount, the court has to set a deadline for depositing the additional funds. It can also order that further entry, or specific activities under the modified order, be put on hold until the owner's added protection is on deposit.
That pause power matters for owners: it means an agency can't expand its footprint on the property while an increased deposit remains unpaid.
Frequently Asked Questions
Can a court change an entry order after it's issued?
Yes. Section 1245.040 lets the court modify any provision of an order made under § 1245.030, but only after notice and a hearing.
What happens if a modification increases the required deposit?
The court sets a deadline for depositing the additional amount and may stay further entry, or specified activities under the modified order, until the deposit is made.
Does the entering party get to keep working while the increased deposit is pending?
Not necessarily. The court has discretion to stay entry or specified activities until the additional deposit is made.
Amendment History
Added by Stats. 1975, Ch. 1275.