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§ 1268.350.Rate of Interest Payable For Calendar Quarter

Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 4. Interest · Last amended 2007 · Last verified July 29, 2026

In one sentenceSection 1268.350 sets the interest rate for each calendar quarter at the prior quarter's apportionment rate as calculated by the Controller for the Surplus Money Investment Fund, and requires Caltrans district offices to quote that rate to anyone who asks.

Full Text of § 1268.350

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

(a) As used in this section, "apportionment rate" means the apportionment rate calculated by the Controller as the rate of earnings by the Surplus Money Investment Fund for each calendar quarter.
(b) The rate of interest payable under this article for each calendar quarter, or fraction thereof, for which interest is due, shall be the apportionment rate for the immediately preceding calendar quarter.
(c) Each district office of the Department of Transportation shall quote the apportionment rate to any person upon request.

Plain-English Summary

Every other interest provision in this article points back to this section for the actual number. Rather than fixing a flat statutory percentage, the Legislature tied eminent domain interest to a rate that already exists for another purpose: the apportionment rate the State Controller calculates as the Surplus Money Investment Fund's earnings rate for each calendar quarter.

The mechanics are simple once you see the reference point. For any calendar quarter, or part of one, in which interest is due, the applicable rate is the apportionment rate from the immediately preceding quarter -- so the rate used is always known in advance rather than depending on a figure not yet calculated for the current period.

Because that number isn't intuitive or widely published, the statute requires each district office of the Department of Transportation to quote the current apportionment rate to anyone who asks, giving parties and their counsel an easy way to confirm the figure without digging through Controller's Office records.

Frequently Asked Questions

What interest rate applies to an eminent domain award?

The apportionment rate the State Controller calculates as the Surplus Money Investment Fund's earnings rate for the immediately preceding calendar quarter.

Why use the prior quarter's rate instead of the current one?

Because the current quarter's rate isn't calculated until after the quarter ends, so using the preceding quarter's rate lets the applicable rate be known in advance.

How can someone find out the current apportionment rate?

Any district office of the Department of Transportation must quote the rate upon request.

Amendment History

Amended by Stats 2006 ch 311 (SB 1586),s 1, eff. 1/1/2007.

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: apportionment rate eminent domain interest californiasurplus money investment fund condemnation rate