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§ 1268.311.Computation In Inverse Condemnation Proceeding

Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 4. Interest · Enacted 1986 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1268.311 applies the same interest-rate calculation used in ordinary eminent domain cases, under § 1268.350, to any award of interest in an inverse condemnation proceeding.

Full Text of § 1268.311

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In any inverse condemnation proceeding in which interest is awarded, the interest shall be computed as prescribed by Section 1268.350.

Plain-English Summary

Inverse condemnation cases run in the opposite direction from ordinary eminent domain: the property owner sues the government, rather than the government filing to take the property. But once a court awards interest in an inverse condemnation case, this section makes sure the same rate calculation applies as in a direct condemnation proceeding.

Rather than creating a separate interest formula for inverse condemnation, the Legislature cross-referenced § 1268.350's calendar-quarter apportionment-rate method, keeping the interest calculation consistent regardless of which side initiated the litigation.

Frequently Asked Questions

How is interest calculated when it's awarded in an inverse condemnation case?

The same way it's calculated in ordinary eminent domain proceedings, as prescribed by § 1268.350.

What is inverse condemnation?

A proceeding where a property owner, rather than the government, initiates the case, typically because the government has taken or damaged the property without filing its own eminent domain action.

Amendment History

Added by Stats. 1986, Ch. 1372, Sec. 2.

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: inverse condemnation interest calculation californiainterest rate inverse condemnation award