(a) Except as provided in subdivision (b), when money is deposited as provided in this article, the court shall order the money to be deposited in the State Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If the money is deposited in the State Treasury pursuant to this subdivision, it shall be held, invested, deposited, and disbursed in the manner specified in Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, and interest earned or other increment derived from its investment shall be apportioned and disbursed in the manner specified in that article. As between the parties to the proceeding, money deposited pursuant to this subdivision shall remain at the risk of the plaintiff until paid or made payable to the defendant by order of the court.
§ 1268.150.Money Ordered Deposited In State Treasury Or Upon Request In County Treasury
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 1268.150 requires deposited money to go into the State Treasury, or the county treasury if the agency requests it, to be invested and held at the agency's risk until paid to the defendant, and lets the court instead order investment for the defendants' benefit if they can't agree on withdrawal.
Full Text of § 1268.150
(b) If after entry of judgment but prior to apportionment of the award the defendants are unable to agree as to the withdrawal of all or a portion of any amount deposited, the court shall upon motion of any defendant order that the amount deposited be invested in United States government obligations or interest- bearing accounts in an institution whose accounts are insured by an agency of the federal government for the benefit of the defendants who shall be entitled to the interest earned on the investments in proportion to the amount of the award they receive when the award is apportioned.
Plain-English Summary
Money sitting in the court's hands doesn't just sit idle -- this section tells the court where to put it and who bears the risk while it's there. Ordinarily, the court orders the deposit into the State Treasury, unless the agency filed a written request with the deposit asking for the county treasury instead.
Money held in the State Treasury gets invested and disbursed under the Government Code provisions governing the Surplus Money Investment Fund, with earnings apportioned the same way. As between the parties, though, the deposited money stays at the agency's risk until it's paid, or made payable, to the defendant by court order -- so if something goes wrong with the deposit before that point, the loss falls on the agency, not the defendant.
Subdivision (b) covers a narrower situation: after judgment but before the award is apportioned, if the defendants themselves can't agree on how to divide up a withdrawal, any defendant can move the court to have the deposited amount invested in government obligations or federally insured interest-bearing accounts. The defendants then share the interest earned in proportion to what each ultimately receives once the award is apportioned.
Frequently Asked Questions
Where does the court order deposited money to be held?
The State Treasury, unless the agency filed a written request with the deposit asking that it go into the county treasury instead.
Who bears the risk of loss on money held in the State Treasury under this section?
The plaintiff agency, until the money is paid or made payable to the defendant by court order.
What happens if defendants can't agree on withdrawing a deposit before apportionment?
Any defendant may move the court to have the amount invested in government obligations or federally insured accounts, with interest shared in proportion to each defendant's eventual share of the award.
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: state treasury deposit eminent domain californiainvestment of condemnation deposit