§ 1255.440.Conditions Specified In Order Not Satisfied
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 3. Possession Prior to Judgment · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1255.440
Plain-English Summary
A possession order isn't the end of the inquiry into whether it should have issued. If the court made an order under § 1255.410 letting the plaintiff take possession, and later determines the conditions § 1255.410 requires weren't met, the court has no discretion about what comes next -- it must vacate the order.
This section works as a safety valve for the whole early-possession scheme: if it later turns out the plaintiff wasn't entitled to take the property by eminent domain, or the deposit didn't satisfy Article 1 after all, the property owner or occupant isn't stuck with a possession order that was never properly earned.
Frequently Asked Questions
Can a possession order be undone after it's already issued?
Yes. If the court later determines the conditions § 1255.410 requires for that order weren't satisfied, it must vacate the order.
Is vacating the order discretionary, or does the court have to do it?
It's mandatory -- § 1255.440 says the court shall vacate the order once it makes that determination.
Amendment History
Added by Stats. 1975, Ch. 1275.