(a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the original deposit, the applicant, or each applicant if there are two or more, shall file an undertaking. The undertaking shall be in favor of the plaintiff and shall secure repayment of any amount withdrawn that exceeds the amount to which the applicant is entitled as finally determined in the eminent domain proceeding, together with interest as provided in Section 1255.280. If the undertaking is executed by an admitted surety insurer, the undertaking shall be in the amount by which the total amount to be withdrawn exceeds the amount originally deposited. If the undertaking is executed by two or more sufficient sureties, the undertaking shall be in double such amount, but the maximum amount that may be recovered from such sureties is the amount by which the total amount to be withdrawn exceeds the amount originally deposited.
§ 1255.250.Undertaking If Amount Withdrawn Exceeds Amount of Original Deposit
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 2. Withdrawal of Deposit · Last amended 1982 · Last verified July 29, 2026
In one sentenceSection 1255.250 requires an undertaking whenever a court-ordered increase to the deposit lets a defendant withdraw more than the plaintiff originally deposited, sized to the excess over that original amount and doubled if the sureties are individuals rather than an admitted insurer.
Full Text of § 1255.250
(b) If there are two or more applicants, the applicants, in lieu of filing separate undertakings, may jointly file a single undertaking in the amount required by subdivision (a).
Plain-English Summary
This undertaking is triggered by a specific combination of events: the deposit was increased under § 1255.030, and the total the applicant wants to withdraw now exceeds what the plaintiff originally deposited. When that happens, the applicant -- or each applicant, if there are several -- must file an undertaking running in the plaintiff's favor, securing repayment of any amount withdrawn beyond the applicant's final entitlement, with interest under § 1255.280.
The sizing mirrors § 1255.240's approach: an undertaking from an admitted surety insurer runs in the amount by which the total withdrawal exceeds the original deposit; an undertaking from two or more individual sureties doubles that figure, though recovery from those sureties still can't exceed the actual excess.
Multiple applicants don't each need a separate undertaking -- subdivision (b) lets them file one joint undertaking covering the required amount instead.
Frequently Asked Questions
When must this particular undertaking be filed?
When the deposit was increased under § 1255.030 and the total the applicant or applicants want to withdraw exceeds the amount originally deposited.
How large does the undertaking have to be?
Sized to the excess over the original deposit, doubled when backed by individual sureties instead of an admitted surety insurer, though recovery still can't exceed the actual excess.
Can multiple applicants share one undertaking instead of filing separately?
Yes, they may jointly file a single undertaking in the required amount.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 183.
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: undertaking increased deposit withdrawal californiajoint undertaking condemnation withdrawal