By making a deposit pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
§ 1268.170.Rights Not Waived By Making Deposit
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 1268.170 confirms that depositing money under this article does not waive the agency's right to appeal the judgment, to move to abandon the proceeding, or to request a new trial.
Full Text of § 1268.170
Plain-English Summary
A condemning agency might hesitate to deposit money if doing so could be read as accepting the judgment and giving up further options. This short section removes that hesitation. Making a deposit under this article doesn't waive the agency's right to appeal, its right to move to abandon the proceeding, or its right to seek a new trial.
The practical effect is to let the agency protect the defendant's access to compensation -- through a prompt deposit -- without being locked into the judgment while it's still deciding whether to challenge it, retry it, or walk away from the acquisition altogether under the abandonment provisions later in this chapter.
Frequently Asked Questions
Does making a deposit mean the agency has accepted the judgment?
No. Section 1268.170 says a deposit does not waive the right to appeal, move to abandon, or request a new trial.
Can the agency still abandon the proceeding after depositing the award?
Yes, subject to the separate rules and deadlines governing abandonment in Article 6.
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: deposit does not waive appeal eminent domainrights preserved after depositing condemnation award