By depositing the probable compensation pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
§ 1255.080.Rights Not Waived By Plaintiff
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 1255.080 makes clear that depositing probable compensation under this article costs the plaintiff nothing procedurally -- the plaintiff keeps the right to appeal the judgment, move to abandon the proceeding, or ask for a new trial.
Full Text of § 1255.080
Plain-English Summary
Depositing money doesn't lock the plaintiff into the case the way withdrawing it locks in a defendant. By making a deposit under this article, the plaintiff loses none of the rights that matter after judgment -- the right to appeal, the right to move to abandon the proceeding, and the right to request a new trial all survive the deposit untouched.
The contrast with Article 2's waiver rules for defendants (§ 1255.260, § 1255.040(e)) is deliberate: the deposit is meant to get compensation money moving toward the people who'll ultimately need it, not to trade away either side's litigation options.
Frequently Asked Questions
Does making the deposit stop the plaintiff from appealing the judgment?
No. Section 1255.080 preserves the plaintiff's right to appeal.
Can the plaintiff still abandon the proceeding after depositing probable compensation?
Yes, that right is also preserved.
Can the plaintiff still ask for a new trial?
Yes, § 1255.080 preserves that right as well.
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: plaintiff rights preserved eminent domain deposit californiaabandon eminent domain case after deposit california