§ 1255.020.Notice of Deposit; Statement of Summary of Basis of Appraisal
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 1. Deposit of Probable Compensation · Last amended 1990 · Last verified July 29, 2026
Full Text of § 1255.020
Plain-English Summary
Making the deposit under § 1255.010 is only half the job -- the plaintiff also has to tell everyone about it. On depositing, the plaintiff serves a notice of deposit on every party who has appeared, and files a proof of service along with it. Any party who appears later gets served on appearing. The notice itself just needs to say that a deposit was made and give its date and amount; service follows the same method § 1255.450 sets for serving an order for possession.
The notice doesn't travel alone. It has to come with the written statement or summary of the appraisal's basis that § 1255.010 requires.
Subdivision (c) handles the deferred-appraisal situation under § 1255.010(c): if the plaintiff got a court order letting the deposit go forward before the appraisal was finished, the plaintiff first serves the basic notice along with copies of the affidavits that supported that order, then serves the completed appraisal statement once it's finished.
Frequently Asked Questions
What must the notice of deposit say?
That a deposit has been made, and the date and amount of the deposit.
Does the appraisal statement have to go out with the notice?
Yes, unless the plaintiff obtained a deferred-appraisal order under § 1255.010(c), in which case the appraisal statement follows once it's complete.
How is the notice of deposit served?
In the manner § 1255.450 prescribes for serving an order for possession.
What if a party appears in the case after the deposit was already made?
The plaintiff must still serve that party with the notice of deposit upon the party's appearance.
Amendment History
Amended by Stats. 1990, Ch. 1491, Sec. 10.