(a) A defendant may file a disclaimer at any time, whether or not he is in default, and the disclaimer supersedes an answer previously filed by the defendant. The disclaimer need not be in any particular form. It shall contain a statement that the defendant claims no interest in the property or in the compensation that may be awarded. Notwithstanding Section 1250.330, the disclaimer shall be signed by the defendant.
§ 1250.325.Disclaimer
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 4. Pleadings · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1250.325 lets a defendant file a disclaimer at any time, even in default, giving up all interest in the property and compensation, which must be personally signed and generally ends that defendant's role in the case, subject to the court's power to award costs and litigation expenses.
Full Text of § 1250.325
(b) Subject to subdivision (c), a defendant who has filed a disclaimer has no right to participate in further proceedings or to share in the compensation awarded.
(c) The court may implement the disclaimer by appropriate orders including, where justified, awarding costs and litigation expenses.
Plain-English Summary
Sometimes a named defendant has no interest to fight over at all — or decides not to contest the case. A disclaimer is the formal way to say so. Subdivision (a) lets a defendant file one at any time, even after defaulting, and it automatically supersedes any answer the defendant already filed.
There is no required form, only a required statement: that the defendant claims no interest in the property or in whatever compensation gets awarded. And unlike most filings in the case, the disclaimer must be signed by the defendant personally rather than by an attorney — this section carves out an exception to § 1250.330's general rule that pleadings only need the attorney's signature.
Filing the disclaimer has consequences. Subdivision (b) says a defendant who has disclaimed loses the right to participate further in the case or to share in any compensation awarded. Subdivision (c) gives the court latitude to implement the disclaimer through appropriate orders, including, where warranted, awarding costs and litigation expenses.
Frequently Asked Questions
Can a defendant who already defaulted still file a disclaimer?
Yes. Section 1250.325(a) allows the disclaimer at any time, whether or not the defendant is in default.
Does the disclaimer have to follow a specific format?
No particular form is required, but it must state that the defendant claims no interest in the property or in the compensation awarded.
Who has to sign the disclaimer?
The defendant personally — this is an exception to the usual rule under § 1250.330 that an attorney's signature is enough.
What happens after a defendant files a disclaimer?
Under § 1250.325(b), that defendant loses the right to participate further in the case or share in the compensation awarded, subject to the court's power under subdivision (c) to enter appropriate orders including costs.
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: eminent domain disclaimerdefendant no interest in property condemnation