§ 1268.210.Application For Order of Possession and Authorization to Take Possession
Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 3. Possession After Judgment · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1268.210 lets the plaintiff apply ex parte after judgment for an order authorizing possession once the judgment confirms the right to take and the agency has paid or deposited at least the amount of the award with interest, and requires the order to state the date possession may begin.
(a)If the plaintiff is not in possession of the property to be taken, the plaintiff may, at any time after entry of judgment, apply ex parte to the court for an order for possession, and the court shall authorize the plaintiff to take possession of the property pending conclusion of the litigation if:
(1)The judgment determines that the plaintiff is entitled to take the property; and
(2)The plaintiff has paid to or deposited for the defendants, pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 or Article 2 (commencing with Section 1268.110), an amount not less than the amount of the award, together with the interest then due thereon.
(b)The court's order shall state the date after which the plaintiff is authorized to take possession of the property. Where deposit is made, the order shall state such fact and the date and the amount of the deposit.
(c)Where the judgment is reversed, vacated, or set aside, the plaintiff may obtain possession of the property only pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6.
Plain-English Summary
Winning at trial doesn't automatically hand the agency the keys to the property -- if it isn't already in possession, this section supplies the post-judgment route to get there. The agency applies ex parte, without a noticed hearing, and the court must authorize possession pending the rest of the litigation if two conditions are met: the judgment determined the agency has the right to take the property, and the agency has paid or deposited for the defendants an amount at least equal to the award plus interest then due, whether through the pre-judgment deposit process or the post-judgment one in this article.
The resulting order has to specify the date after which the agency may take possession, and if a deposit was involved, the order states that fact along with the deposit's date and amount. That specificity matters for the service and timing rules in the next two sections.
One scenario falls outside this section entirely: if the judgment is later reversed, vacated, or set aside, the agency can't rely on this section to get or keep possession. It has to go back to the earlier, pre-judgment possession framework instead.
Frequently Asked Questions
What must the agency show to get an order for possession after judgment?
That the judgment determined the agency has the right to take the property, and that the agency has paid or deposited an amount at least equal to the award plus interest due.
Does the agency need a noticed hearing to get this order?
No. The agency may apply ex parte for the order.
What must the order for possession state?
The date after which the agency is authorized to take possession, and, if a deposit was made, that fact along with its date and amount.
What if the judgment is later reversed?
The agency may then obtain possession only under the separate pre-judgment possession article, not under this section.
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:order for possession after judgment eminent domainex parte possession application condemnation