(a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of the entry. The period of retention may be extended by the court for good cause.
§ 1245.050.Period of Retention of Amount Deposited; Deposit Made In Condemnation Deposits Fund
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
In one sentenceSection 1245.050 requires a deposit made under this article to stay on deposit for six months after entry ends, extendable for good cause, and directs the funds into the Condemnation Deposits Fund in the State Treasury or, if the plaintiff asks in writing, into the county treasury.
Full Text of § 1245.050
(b) The deposit shall be made in the Condemnation Deposits Fund in the State Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If made in the State Treasury, the deposit shall be held, invested, deposited, and disbursed in accordance with Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
Plain-English Summary
The deposit a court orders under § 1245.030 or § 1245.040 doesn't just disappear once the entry work is finished. It stays on deposit for six months following the termination of the entry, unless the court disburses it sooner. The court can extend that six-month window further for good cause, giving an owner more time to bring a damage claim under § 1245.060 without racing a clock.
Where the money sits depends on a simple choice made in advance. By default it goes into the Condemnation Deposits Fund in the State Treasury, where it's held, invested, and disbursed under the Government Code provisions governing that fund. But if the plaintiff files a written request along with the deposit, it goes into the county treasury instead.
Frequently Asked Questions
How long must a precondemnation entry deposit remain available?
Six months after the entry terminates, unless the court disburses it sooner or extends the period for good cause.
Where does the deposit go?
Into the Condemnation Deposits Fund in the State Treasury by default, or into the county treasury if the plaintiff files a written request to that effect along with the deposit.
Can the retention period be shortened or lengthened?
The court can disburse the funds sooner by order, or extend the retention period beyond six months for good cause.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: condemnation deposits fund californiaprecondemnation entry deposit retention california