§ 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
Full Text of § 1268.350
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.