§ 1268.110.Deposit of Full Amount of Award With Interest After Entry of Judgment

Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 2. Deposit and Withdrawal of Award · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1268.110 lets the condemning agency deposit the full award plus accrued interest with the court any time after judgment, even during an appeal or a motion for new trial, but not once the judgment has been reversed, vacated, or set aside.

Full Text of § 1268.110

Text sizeJump to: (a) (b) (c)

(a) Except as provided in subdivision (b), the plaintiff may, at any time after entry of judgment, deposit with the court for the persons entitled thereto the full amount of the award, together with interest then due thereon, less any amounts previously paid directly to the defendants or deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6.

(b) A deposit may be made under this section notwithstanding an appeal, a motion for a new trial, or a motion to vacate or set aside the judgment but may not be made after the judgment has been reversed, vacated, or set aside.

(c) Any amount deposited pursuant to this article on a judgment that is later reversed, vacated, or set aside shall be deemed to be an amount deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6.

Plain-English Summary

This section supplies the deposit mechanism that § 1268.010 lets the agency use to satisfy the judgment. After entry of judgment, the agency can deposit with the court, for whoever is entitled to it, the full award plus whatever interest has accrued, minus anything already paid directly or deposited before trial.

The timing window is generous but not unlimited. The agency can make this deposit even while an appeal is pending, or while a motion for new trial or a motion to vacate the judgment is still undecided. What it can't do is deposit under this section after the judgment has been reversed, vacated, or set aside -- at that point the earlier, pre-judgment deposit rules take over instead, and any money already deposited here gets reclassified as a deposit under that earlier framework.

Frequently Asked Questions

When can the agency deposit the award with the court under this section?

Any time after entry of judgment, including while an appeal, a motion for new trial, or a motion to vacate the judgment is pending.

Is there a point at which this kind of deposit is no longer allowed?

Yes. A deposit cannot be made under this section after the judgment has been reversed, vacated, or set aside.

What happens to a deposit made under this section if the judgment is later reversed?

It is deemed to be a deposit made under the earlier pre-judgment deposit article instead, shifting how it's treated going forward.

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: depositing condemnation award with courtpost-judgment deposit eminent domain california