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§ 1268.340.Interest Assessed By Court

Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 4. Interest · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1268.340 assigns the assessment of interest, including interest from the agency's pre-judgment possession and any offsets against interest, to the court rather than the jury.

Full Text of § 1268.340

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Interest, including interest accrued due to possession of property by the plaintiff prior to judgment, and any offset against interest as provided in Section 1268.330, shall be assessed by the court rather than by jury.

Plain-English Summary

Eminent domain trials typically put the core valuation questions -- what the property is worth, what damage or benefit affects a remainder -- before a jury. This section carves interest out of that arrangement entirely.

All of it goes to the judge: interest generally, interest that accrued because the agency possessed the property before judgment, and any offset against interest under § 1268.330 for continued possession or rents received. None of that gets submitted to the jury; the court works out the interest calculation on its own.

That division of labor reflects what interest calculation involves -- applying a statutory rate formula and offset rules to dates and figures already established elsewhere in the case, rather than the kind of valuation judgment a jury is suited to make.

Frequently Asked Questions

Who decides the amount of interest owed in an eminent domain case?

The court, not the jury.

Does that include interest from the agency's possession before judgment?

Yes. Interest accrued because of pre-judgment possession is also assessed by the court.

Who decides the offset against interest for continued possession or rents received?

The court assesses that offset as well, 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: court assesses interest eminent domain not jurywho decides interest condemnation case