(a) Unless an earlier date of valuation is applicable under this article, if the plaintiff deposits the probable compensation in accordance with Article 1 (commencing with Section 1255.010) of Chapter 6 or the amount of the award in accordance with Article 2 (commencing with Section 1268.110) of Chapter 11, the date of valuation is the date on which the deposit is made.
§ 1263.110.Date On Which Deposit Made; Deposit Not Deemed to Have Been Made
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 2. Date of Valuation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1263.110 fixes the date of valuation as the date the plaintiff deposits probable compensation or the award amount, unless an earlier date applies elsewhere in this article, and treats no deposit as made when the court raises the required deposit and it isn't timely increased.
Full Text of § 1263.110
(b) Whether or not the plaintiff has taken possession of the property or obtained an order for possession, if the court determines pursuant to Section 1255.030 that the probable amount of compensation exceeds the amount previously deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 and the amount on deposit is not increased accordingly within the time allowed under Section 1255.030, no deposit shall be deemed to have been made for the purpose of this section.
Plain-English Summary
Date of valuation is the fulcrum of every condemnation trial -- it fixes the moment against which the property's fair market value gets measured. This section sets the general rule: valuation runs from the date the plaintiff deposits probable compensation under Chapter 6, or deposits the award amount under Chapter 11, whichever applies. That deposit-triggered date gives way only when an earlier date applies under one of the other sections in this article.
Subdivision (b) closes a gap that could otherwise be exploited. If the court later determines under § 1255.030 that the probable compensation is higher than what the plaintiff already deposited, and the plaintiff doesn't increase the deposit within the time the court allows, the law treats no deposit as having been made at all for purposes of this section -- regardless of whether the plaintiff has taken possession or obtained a possession order. A plaintiff can't lock in an early, low valuation date by depositing too little and then sitting on it.
Frequently Asked Questions
What triggers the date of valuation under § 1263.110?
Can an earlier date of valuation apply instead?
Yes, if one of the other rules in Article 2 (§§ 1263.120-1263.150) supplies an earlier date.
What happens if the deposit turns out to be too low?
If the court finds under § 1255.030 that probable compensation exceeds the deposit and the deposit isn't increased in time, no deposit is deemed made for purposes of the date of valuation.
Does taking possession of the property change this analysis?
No. Section 1263.110(b) applies whether or not the plaintiff has taken possession or obtained an order for possession.
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: date of valuation eminent domain depositprobable compensation deposit condemnation