(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly.
§ 1268.160.Withdrawal In Amount In Excess of Amount Party Entitled
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 1268.160 requires repayment when a party withdraws more than it is ultimately entitled to, adds legal interest running from the date of the excess withdrawal, allows judgment against sureties if unpaid within 30 days, and lets the court stay execution against a plaintiff for up to a year.
Full Text of § 1268.160
(b) The judgment so entered shall not include interest except that any amount that is to be paid to a defendant shall include legal interest from the date of its withdrawal by another defendant.
(c) If the judgment so entered is not paid within 30 days after its entry, the court may, on motion, enter judgment against the sureties, if any, for the amount of such judgment.
(d) The court may, in its discretion and with such security as it deems appropriate, grant a party obligated to pay under this section a stay of execution for any amount to be paid to a plaintiff. Such stay of execution shall not exceed one year following entry of judgment under this section.
Plain-English Summary
Withdrawals from a deposit happen before the case is fully resolved, so it's possible for a party to take out more than it turns out to deserve. This section cleans up that overpayment. Once the eminent domain proceeding is finally resolved, any excess a party withdrew over what it's entitled to gets paid back to whoever should have had it, and the court enters judgment accordingly.
That repayment judgment generally doesn't carry interest -- with one exception. If the amount is owed to a defendant because another defendant withdrew too much, the judgment includes legal interest running from the date of that improper withdrawal, so the shortchanged defendant isn't left uncompensated for the delay.
Enforcement has teeth. If the judgment for repayment isn't paid within 30 days of entry, the court can, on motion, enter judgment directly against any sureties who backed the original withdrawal. And where a plaintiff owes the repayment, the court has discretion to grant a stay of execution, with appropriate security, for up to one year after entry of the repayment judgment.
Frequently Asked Questions
What happens if a party withdraws more than it's entitled to from the deposit?
The excess must be paid to the party entitled to it, and the court enters judgment for that amount.
Does the repayment judgment include interest?
Generally no, except that an amount owed to a defendant because another defendant made the excess withdrawal includes legal interest from the date of that withdrawal.
What if the repayment judgment isn't paid?
If unpaid within 30 days after entry, the court may, on motion, enter judgment against any sureties for that amount.
Can a plaintiff who owes repayment get more time to pay?
Yes. The court may, with appropriate security, stay execution for up to one year following entry of the repayment judgment.
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: excess withdrawal eminent domain depositrepayment overwithdrawn condemnation award