§ 1255.010.Appraisal Upon Which Deposit Made; Deposit Without Appraisal

Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 1. Deposit of Probable Compensation · Last amended 2002 · Last verified July 29, 2026

In one sentenceSection 1255.010 lets a condemning plaintiff deposit with the State Treasury, at any time before judgment, the probable compensation the property is likely worth based on a qualifying appraisal, though a court may excuse full appraisal compliance for good cause in an emergency.

Full Text of § 1255.010

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

(a) At any time before entry of judgment, the plaintiff may deposit with the State Treasury the probable amount of compensation, based on an appraisal, that will be awarded in the proceeding. The appraisal upon which the deposit is based shall be one that satisfies the requirements of subdivision (b). The deposit may be made whether or not the plaintiff applies for an order for possession or intends to do so.

(b) Before making a deposit under this section, the plaintiff shall have an expert qualified to express an opinion as to the value of the property (1) make an appraisal of the property and (2) prepare a written statement of, or summary of the basis for, the appraisal. The statement or summary shall contain detail sufficient to indicate clearly the basis for the appraisal, including, but not limited to, all of the following information:

(A) The date of valuation, highest and best use, and applicable zoning of the property.

(B) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the appraisal.

(C) If the appraisal includes compensation for damages to the remainder, the compensation for the property and for damages to the remainder separately stated, and the calculations and a narrative explanation supporting the compensation, including any offsetting benefits.

(c) On noticed motion, or upon ex parte application in an emergency, the court may permit the plaintiff to make a deposit without prior compliance with subdivision (b) if the plaintiff presents facts by affidavit showing that (1) good cause exists for permitting an immediate deposit to be made, (2) an adequate appraisal has not been completed and cannot reasonably be prepared before making the deposit, and (3) the amount of the deposit to be made is not less than the probable amount of compensation that the plaintiff, in good faith, estimates will be awarded in the proceeding. In its order, the court shall require that the plaintiff comply with subdivision (b) within a reasonable time, to be specified in the order, and also that any additional amount of compensation shown by the appraisal required by subdivision (b) be deposited within that time.

End

Plain-English Summary

This section opens Article 1's deposit mechanism. A plaintiff can deposit the probable amount of compensation with the State Treasury at any point before judgment, and the deposit doesn't depend on also seeking early possession -- a plaintiff can make the deposit for its own sake, or as the first step toward a possession motion under § 1255.410.

The deposit has to rest on a real appraisal. An expert qualified to value the property must appraise it and prepare a written statement or summary detailed enough to show the appraisal's basis: the valuation date, highest and best use, and zoning; the transactions, cost analysis, or capitalization analysis behind the number; and, if the appraisal includes damages to a remainder parcel, the property compensation and remainder damages stated separately with supporting calculations.

Subdivision (c) carves out an exception for situations where waiting on a full appraisal isn't realistic. On noticed motion, or by ex parte application in an emergency, the court can let the plaintiff deposit before satisfying subdivision (b) if the plaintiff shows good cause, shows an adequate appraisal can't reasonably be finished first, and deposits an amount that's a good-faith estimate of probable compensation. The court's order has to set a deadline for the plaintiff to catch up on the appraisal and to deposit any shortfall the completed appraisal reveals.

Frequently Asked Questions

Does a plaintiff have to be seeking possession to deposit probable compensation?

No. Section 1255.010(a) allows the deposit whether or not the plaintiff applies for, or intends to apply for, an order for possession.

What has to be in the appraisal statement supporting the deposit?

The valuation date, highest and best use, and zoning; the transactions or analysis supporting the value; and, if damages to a remainder are included, those damages stated separately with supporting calculations.

Can a plaintiff deposit money before the appraisal is finished?

Yes, on a noticed motion or ex parte emergency application, if the plaintiff shows good cause and that an adequate appraisal can't reasonably be completed first -- but the court's order must require the appraisal and any additional deposit within a set time.

Where does the money go once it's deposited?

The State Treasury by default, though § 1255.070 lets the plaintiff request that it go into the county treasury instead.

Amendment History

Amended by Stats 2001 ch 428 (AB 237), s 5, eff. 1/1/2002.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

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