Where property acquired by eminent domain is encumbered by a lien and the indebtedness secured thereby is not due at the time of the entry of judgment, the amount of such indebtedness may be, at the option of the plaintiff, deducted from the judgment and the lien shall be continued until such indebtedness is paid; but the amount for which, as between the plaintiff and the defendant, the plaintiff is liable under Article 5 (commencing with Section 1268.410) of Chapter 11 may not be deducted from the judgment.
§ 1265.220.Lien and Indebtedness Secured By Lien Not Due At Time of Entry of Judgment
Title 7. Eminent Domain Law · Chapter 10. Divided Interests · Article 3. Encumbrances · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1265.220 lets the plaintiff elect to deduct from the judgment the amount of a lien on the acquired property that is not yet due, keeping that lien alive until the debt is paid, though it bars deducting any amount the plaintiff independently owes the defendant under Article 5 of Chapter 11.
Full Text of § 1265.220
Plain-English Summary
Not every lien on condemned property is ripe for payoff at judgment -- some secure debt that is not due yet. This section gives the plaintiff a choice in that situation: at the plaintiff's option, the amount of the not-yet-due indebtedness can be deducted from the judgment, with the lien staying in place on the property until that debt is eventually paid off on its own schedule.
One amount is off-limits for this deduction, though. Whatever the plaintiff is separately liable for, as between plaintiff and defendant, under Article 5 (commencing with § 1268.410) of Chapter 11 cannot be subtracted from the judgment this way -- that liability gets handled through its own channel rather than folded into the lien deduction.
Frequently Asked Questions
Does the plaintiff have to pay off a lien immediately if the underlying debt isn't due yet?
No -- the plaintiff may elect to deduct the amount from the judgment and let the lien continue until the debt is paid.
Is there any amount the plaintiff cannot deduct under this section?
Yes -- amounts the plaintiff is independently liable for, as between plaintiff and defendant, under Article 5 of Chapter 11.
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: deduct lien from judgment eminent domain californianot yet due indebtedness condemnation california