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§ 1268.310.Dates From Which Interest Computed

Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 4. Interest · Last amended 1986 · Last verified July 29, 2026

In one sentenceSection 1268.310 sets the compensation award drawing interest, computed under § 1268.350, from the earliest of the date judgment is entered, the date the plaintiff takes possession, or the date stated in a possession order as when the plaintiff may begin taking possession.

Full Text of § 1268.310

Text sizeJump to: (a) (b) (c)

The compensation awarded in the proceeding shall draw interest, computed as prescribed by Section 1268.350, from the earliest of the following dates:
(a) The date of entry of judgment.
(b) The date the plaintiff takes possession of the property.
(c) The date after which the plaintiff is authorized to take possession of the property as stated in an order for possession.

Plain-English Summary

Interest exists in eminent domain law to compensate a property owner for the time between losing use of the property and getting paid for it, so this section pins down exactly when that clock starts. It picks whichever of three dates comes earliest.

The first candidate is the date judgment is entered. The second is the date the agency takes possession of the property -- which matters because an agency sometimes takes possession before trial, under the earlier pre-judgment procedures. The third is the date stated in a possession order as the date after which the agency is authorized to take possession, even if actual physical possession happens somewhat later. Whichever of these three dates arrives first starts interest running, computed using the rate method in § 1268.350.

Frequently Asked Questions

From what date does interest on the compensation award begin to run?

From the earliest of the date of entry of judgment, the date the plaintiff takes possession of the property, or the date stated in a possession order as when the plaintiff may begin taking possession.

How is the interest rate calculated?

As prescribed by § 1268.350, which ties the rate to the Surplus Money Investment Fund's quarterly earnings.

Why might interest start before the agency occupies the property?

Because if a possession order authorizes possession as of an earlier date, that authorized date -- not the date of physical entry -- can be the earliest trigger for interest.

Amendment History

Amended by Stats. 1986, Ch. 1372, Sec. 1.

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
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