(a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for all objections has expired, whichever is later.
§ 1255.230.Objections to Withdrawal
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 2. Withdrawal of Deposit · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1255.230 makes a defendant wait at least 20 days after serving a withdrawal application before any money moves, gives the plaintiff that window to object on specific grounds -- including that other people may hold interests in the property -- and requires a hearing whenever anyone objects.
Full Text of § 1255.230
(b) Within the 20-day period, the plaintiff may file objections to withdrawal on any one or more of the following grounds:
(1) Other parties to the proceeding are known or believed to have interests in the property.
(2) An undertaking should be filed by the applicant as provided in Section 1255.240 or 1255.250.
(3) The amount of an undertaking filed by the applicant under this chapter or the sureties thereon are insufficient.
(c) If an objection is filed on the ground that other parties are known or believed to have interests in the property, the plaintiff shall serve or attempt to serve on such other parties a notice that they may appear within 10 days after such service and object to the withdrawal. The notice shall advise such parties that their failure to object will result in waiver of any rights against the plaintiff to the extent of the amount withdrawn. The notice shall be served in the manner provided in Section 1255.450 for service of an order for possession. The plaintiff shall file, and serve on the applicant, a report setting forth (1) the names of the parties upon whom the notice was served and the dates of service and (2) the names and last known addresses of the other parties who are known or believed to have interests in the property but who were not so served. The applicant may serve parties whom the plaintiff has been unable to serve. Parties served in the manner provided in Section 1255.450 shall have no claim against the plaintiff for compensation to the extent of the amount withdrawn by all applicants. The plaintiff shall remain liable to parties having an interest of record who are not so served but, if such liability is enforced, the plaintiff shall be subrogated to the rights of such parties under Section 1255.280.
(d) If any party objects to the withdrawal, or if the plaintiff so requests, the court shall determine, upon hearing, the amounts to be withdrawn, if any, and by whom.
Plain-English Summary
Nothing gets paid out immediately. No withdrawal can be ordered until 20 days after the plaintiff is served with the application, or until the objection period has run, whichever comes later. Within that 20-day window, the plaintiff can object on any of three grounds: that other parties are known or believed to have interests in the property, that an undertaking should be required under § 1255.240 or § 1255.250, or that an undertaking already on file (or its sureties) is insufficient.
When the objection is that other interested parties exist, subdivision (c) lays out a notification chain. The plaintiff has to serve, or attempt to serve, those other parties with notice that they may appear within 10 days and object, warning them that staying silent waives their rights against the plaintiff to the extent of the amount withdrawn. That notice goes out the same way § 1255.450 requires for an order for possession. The plaintiff then reports back to the applicant -- who was served, when, and who's known or believed to have an interest but couldn't be served -- and the applicant can try to serve anyone the plaintiff missed. Parties who were served and stayed silent lose their claim against the plaintiff to the extent of the withdrawal; the plaintiff stays liable to interested parties who were never served, but is subrogated to their rights under § 1255.280 if that liability is ever enforced.
If any party objects, or if the plaintiff asks for one anyway, the court holds a hearing to determine how much gets withdrawn, and by whom.
Frequently Asked Questions
How long must a defendant wait after filing a withdrawal application?
At least 20 days after the plaintiff is served with a copy, or until the objection period ends, whichever is later.
On what grounds can the plaintiff object to a withdrawal?
That other parties may have interests in the property, that an undertaking should be required, or that an existing undertaking or its sureties are insufficient.
What happens if other interested parties don't respond to the plaintiff's notice?
They waive their rights against the plaintiff to the extent of the amount withdrawn.
Is a hearing always held on a withdrawal application?
Only if a party objects, or if the plaintiff requests one.
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: objection to withdrawal eminent domain deposit californianotify interested parties condemnation withdrawal