(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 other parties to the proceeding, move the court to have all of such deposit invested for the benefit of the defendants.
§ 1255.075.Motion to Invest Deposit For Benefit of Defendants
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 1. Deposit of Probable Compensation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1255.075 lets a defendant with an interest in condemned property move, before judgment, to have the entire deposit invested for the defendants' benefit in government obligations or federally insured accounts, a step the court may grant in its discretion with the same consequences as an outright withdrawal.
Full Text of § 1255.075
(b) At the hearing on the motion, the court shall consider the interests of the parties and the effect that investment would have upon them. The court may, in its discretion, if it finds that the interests of justice will be served, grant the motion subject to such terms and conditions as are appropriate under the circumstances of the case.
(c) An investment under this section shall be specified by the court and shall be limited to United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government.
(d) The investment of the deposit has the same consequences as if the deposit has been withdrawn under this chapter.
Plain-English Summary
A deposit sitting idle doesn't earn much for the defendants who'll eventually receive it. This section lets a defendant with an interest in the property move, on notice to the other parties, to have the whole deposit invested for the defendants' benefit before judgment. At the hearing, the court weighs the parties' interests and what investing would do to them, and may grant the motion, in its discretion, on whatever terms and conditions fit the case if doing so serves the interests of justice.
The investment itself is limited to safe instruments -- United States government obligations, or interest-bearing accounts at an institution whose accounts a federal agency insures.
One consequence follows automatically: investing the deposit under this section carries the same effects as if the deposit had been withdrawn under this chapter, which triggers the waiver rule in § 1255.260.
Frequently Asked Questions
Who can move to have the deposit invested for the defendants?
A defendant with an interest in the property for which the deposit was made, on notice to the other parties.
What kinds of investments are allowed?
United States government obligations, or interest-bearing accounts at an institution whose accounts are insured by a federal agency.
Does investing the deposit carry the same consequences as withdrawing it?
Yes, § 1255.075(d) treats an investment under this section the same as a withdrawal under this chapter.
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: invest eminent domain deposit for defendant californiamotion to invest condemnation deposit