At any time after the plaintiff has made a deposit upon the award pursuant to Section 1268.110, the court may, upon motion of any defendant, order the plaintiff to deposit such additional amount as the court determines to be necessary to secure payment of any further compensation, costs, or interest that may be recovered in the proceeding. After the making of such an order, the court may, on motion of any party, order an increase or a decrease in such additional amount. A defendant may withdraw the amount deposited under this section or a portion thereof only if it is determined that he is entitled to recover such amount in the proceeding.
§ 1268.130.Deposit of Additional Amount to Secure Further Compensation, Costs and Interest
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 1268.130 lets the court, on a defendant's motion after the agency has made the § 1268.110 deposit, order the agency to deposit an additional amount to secure any further compensation, costs, or interest that may still be recovered, adjustable up or down as the case develops.
Full Text of § 1268.130
Plain-English Summary
The award deposited under § 1268.110 covers what the judgment already fixed, but eminent domain litigation doesn't always end there -- appeals, retrials, and interest calculations can add to what the agency ultimately owes. This section lets a defendant ask the court to make the agency put up more money now, as security for whatever comes later.
Once the agency has made its initial deposit, any defendant can move for an order requiring an additional deposit in whatever amount the court finds necessary to secure further compensation, costs, or interest that might still be recovered. That figure isn't locked in once set -- any party can later move to have the court increase or decrease it as circumstances change.
The extra security doesn't become spendable automatically. A defendant can withdraw this additional deposit, or part of it, only once it's been determined that the defendant is entitled to that amount in the proceeding.
Frequently Asked Questions
Why would a defendant seek an additional deposit beyond the award?
To secure payment of further compensation, costs, or interest that may still be recovered in the proceeding, beyond what the initial deposit under § 1268.110 covers.
Can the additional-deposit amount change over time?
Yes. After the court sets it, any party may move for an increase or decrease as the case develops.
Can a defendant withdraw the additional deposit right away?
No. Withdrawal of all or part of it is allowed only once it's determined that the defendant is entitled to recover that amount in the proceeding.
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: additional deposit eminent domain californiasecurity for further compensation condemnation