By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
§ 1255.470.Rights Not Waived
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
In one sentenceSection 1255.470 confirms that a plaintiff who takes possession under this chapter keeps every right the case still allows -- to appeal the judgment, move to abandon the proceeding, or request a new trial.
Full Text of § 1255.470
Plain-English Summary
Taking early possession is a practical step, not a litigation concession. This section mirrors § 1255.080's protection for the deposit side of the chapter, applying it to possession instead: by taking possession under this chapter, the plaintiff doesn't waive the right to appeal from the judgment, the right to move to abandon the proceeding, or the right to request a new trial.
That protection matters because possession under Article 3 can happen well before trial, sometimes years before a jury sets the final compensation figure. Without this section, a plaintiff might hesitate to exercise a possession order for fear of undercutting a later appeal or an abandonment motion -- this section removes that concern.
Frequently Asked Questions
Does taking early possession affect the plaintiff's right to appeal?
No, § 1255.470 preserves that right.
Can the plaintiff still abandon the case after taking possession of the property?
Yes, that right is preserved too.
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: plaintiff rights after taking possession eminent domain california