If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation of law of all claims and defenses in favor of the persons receiving such payment except a claim for greater compensation.
§ 1255.260.Waiver of Claims and Defenses
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In one sentenceSection 1255.260 provides that accepting any withdrawn deposit money waives, by operation of law, every claim and defense the recipient might have had in the eminent domain proceeding except the claim for greater compensation.
Full Text of § 1255.260
Plain-English Summary
This is the waiver rule that gives the withdrawal process its bite. If any portion of the deposited money is withdrawn under this chapter, receiving that money waives, by operation of law, all claims and defenses the recipient held in the proceeding -- with one carve-out: the claim for greater compensation survives no matter how much is withdrawn.
The waiver applies whether the recipient took the whole deposit or just a slice of it, and it operates automatically on receipt -- there's no separate step where the recipient has to agree to give anything up. Section 1255.040(e) applies a version of the same waiver to defendants who serve a deposit-demand notice, and § 1255.280 handles what happens if it later turns out the recipient withdrew more than the case ultimately awards.
Frequently Asked Questions
What does a defendant give up by withdrawing deposit money?
Every claim and defense in the eminent domain proceeding, except the claim for greater compensation.
Does withdrawing only part of the deposit still trigger the waiver?
Yes -- receipt of any withdrawn amount triggers the waiver under § 1255.260.
Can a defendant who withdrew money still argue the property is worth more?
Yes, the claim for greater compensation is expressly preserved.
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: waiver of claims withdrawing condemnation deposit california