(a) Not later than 30 days after final judgment, or 30 days after the conclusion of any other court proceedings, including any federal court proceedings, commenced by the defendant challenging the judgment or any of the condemnation proceedings, whichever date is later, the plaintiff shall pay the full amount required by the judgment.
§ 1268.010.Payment of Full Amount Required By Judgment
Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 1. Payment of Judgment; Final Order of Condemnation · Last amended 1981 · Last verified July 29, 2026
In one sentenceSection 1268.010 requires the condemning agency to pay the full amount of an eminent domain judgment within 30 days after final judgment or after any challenge to it concludes, whichever is later, either by paying the defendant directly or by depositing the money with the court.
Full Text of § 1268.010
(b) Payment shall be made by either or both of the following methods:
(1) Payment of money directly to the defendant. Any amount which the defendant has previously withdrawn pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6 shall be credited as a payment to him on the judgment.
(2) Deposit of money with the court pursuant to Section 1268.110. Upon entry of judgment, a deposit made pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 is deemed to be a deposit made pursuant to Section 1268.110 if the full amount required by the judgment is deposited or paid.
Plain-English Summary
Winning a judgment is only half the story in an eminent domain case. This section sets the clock for the other half: getting the money to the people the court says are entitled to it. The condemning agency has 30 days from final judgment, or from the end of any later challenge to that judgment (including a federal court proceeding the defendant brings), to pay the full amount the judgment requires.
Payment can happen either of two ways, and the agency can mix them. It can pay the defendant directly, with credit given for anything the defendant already withdrew from an earlier deposit made before trial. Or it can deposit the money with the court under the mechanics laid out in the next article. Either way, once the deadline passes without payment, the defendant gains real leverage, described in the following section.
Frequently Asked Questions
How long does the condemning agency have to pay a judgment in an eminent domain case?
Not later than 30 days after final judgment, or 30 days after any other court proceeding challenging the judgment concludes, whichever date is later.
Can the agency pay part of the judgment by crediting an earlier deposit?
Yes. Any amount the defendant already withdrew from a deposit made before judgment is credited against what the agency owes.
What are the two ways the agency can satisfy the payment requirement?
Paying money directly to the defendant, or depositing the money with the court, and the agency may use either or both methods.
Amendment History
Amended by Stats. 1981, Ch. 831, Sec. 1.
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
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