(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly.
§ 1255.280.Withdrawal In Amount In Excess of Amount Party Entitled
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 1255.280 requires repayment, through a court judgment, of any deposit money a party withdrew above what that party ultimately recovers, adds interest in two specific situations, and lets a court enforce the judgment against sureties or grant a brief stay of execution.
Full Text of § 1255.280
(b) The judgment so entered shall not include interest except in the following cases:
(1) Any amount that is to be paid to a defendant shall include legal interest from the date of its withdrawal by another defendant.
(2) If the amount originally deposited by a plaintiff was increased pursuant to Section 1255.030 on motion of a party obligated to pay under this section, any amount that is attributable to such increase and that is to be repaid to the plaintiff shall include legal interest from the date of its withdrawal.
(c) If the judgment so entered is not paid within 30 days after its entry, the court may, on motion, enter judgment against the sureties, if any, for the amount of such judgment.
(d) The court may, in its discretion and with such security, if any, as it deems appropriate, grant a party obligated to pay under this section a stay of execution for any amount to be paid to a plaintiff. Such stay of execution shall not exceed one year following entry of judgment under this section.
Plain-English Summary
This section reconciles the books once compensation is finally determined. If a party withdrew more than that party's final entitlement, the excess has to be paid to whoever is truly entitled to it, and the court enters judgment accordingly.
That judgment doesn't normally carry interest, but two situations add it: an amount owed to a defendant because another defendant withdrew it draws legal interest from the date of that other defendant's withdrawal, and an amount traceable to a deposit increase under § 1255.030 -- sought by the very party who now has to repay it -- draws legal interest from the date it was withdrawn.
If the judgment isn't paid within 30 days of entry, the court can, on motion, enter judgment against the sureties for the amount owed. And the court can grant the party who owes money to the plaintiff a stay of execution, with whatever security the court thinks appropriate, though that stay can't run longer than one year after the judgment is entered.
Frequently Asked Questions
What happens if a party withdrew more than the case's final award?
The court enters judgment requiring repayment of the excess to whoever is entitled to it.
Does that repayment judgment include interest?
Only in the two situations subdivision (b) lists -- amounts owed between defendants because of another defendant's withdrawal, and amounts tied to a deposit increase the repaying party itself had sought.
What if the repayment judgment goes unpaid?
The court may, on motion, enter judgment against the sureties for the amount owed.
Can a party get extra time to pay a repayment judgment owed to the plaintiff?
The court may grant a stay of execution, with appropriate security, but the stay can't exceed one year from the judgment's entry.
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: repay excess withdrawal eminent domain californiasurety liability condemnation withdrawal