By taking possession 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.
§ 1268.230.Rights Not Waived By Taking 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 1268.230 confirms that an agency taking possession of property under this article does not waive its right to appeal the judgment, to move to abandon the proceeding, or to request a new trial.
Full Text of § 1268.230
Plain-English Summary
This section mirrors § 1268.170's protection for deposits, applying the same logic to possession. An agency that takes possession under this article, once authorized by the order described in § 1268.210, doesn't give up its right to appeal the judgment, its right to move to abandon the proceeding, or its right to request a new trial by doing so.
That protection lets an agency move forward with a public project -- taking possession and getting to work -- while still preserving whatever post-judgment options it has, rather than being forced to choose between using the property and keeping its litigation options open.
Frequently Asked Questions
Does taking possession after judgment waive the agency's right to appeal?
No. Section 1268.230 makes clear that taking possession under this article doesn't waive the right to appeal, move to abandon, or request a new trial.
Why does the law protect these rights even after the agency takes possession?
So a public entity can proceed with its project without being forced to give up further legal options it might still need.
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: possession does not waive appeal eminent domainrights preserved after taking possession condemnation