§ 1255.030.Whether Deposit Probable Amount of Compensation Determination

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 1255.030 lets the court determine or redetermine, on motion after a deposit is made, whether the deposited amount reflects the probable compensation the case will award, and sets consequences -- from a bigger deposit to dismissal of the case -- when it does not.

Full Text of § 1255.030

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) At any time after a deposit has been made pursuant to this article, the court shall, upon motion of the plaintiff or of any party having an interest in the property for which the deposit was made, determine or redetermine whether the amount deposited is the probable amount of compensation that will be awarded in the proceeding. The motion shall be supported with detail sufficient to indicate clearly the basis for the motion, including, but not limited to, the following information to the extent relevant to the motion:

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

(2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the motion.

(3) 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.

(b) If the plaintiff has not taken possession of the property and the court determines that the probable amount of compensation exceeds the amount deposited, the court may order the plaintiff to increase the deposit or may deny the plaintiff possession of the property until the amount deposited has been increased to the amount specified in the order.

(c) If the plaintiff has taken possession of the property and the court determines that the probable amount of compensation exceeds the amount deposited, the court shall order the amount deposited to be increased to the amount determined to be the probable amount of compensation. If the amount on deposit is not increased accordingly within 30 days from the date of the court's order, or any longer time as the court may have allowed at the time of making the order, the defendant may serve on the plaintiff a notice of election to treat that failure as an abandonment of the proceeding. If the plaintiff does not cure its failure within 10 days after receipt of such notice, the court shall, upon motion of the defendant, enter judgment dismissing the proceeding and awarding the defendant his or her litigation expenses and damages as provided in Sections 1268.610 and 1268.620.

(d) After any amount deposited pursuant to this article has been withdrawn by a defendant, the court may not determine or redetermine the probable amount of compensation to be less than the total amount already withdrawn. Nothing in this subdivision precludes the court from making a determination or redetermination that probable compensation is greater than the amount withdrawn.

(e) If the court determines that the amount deposited exceeds the probable amount of compensation, it may permit the plaintiff to withdraw the excess not already withdrawn by the defendant.

(f) The plaintiff may at any time increase the amount deposited without making a motion under this section. In that case, notice of the increase shall be served as provided in subdivision (a) of Section 1255.020.

End

Plain-English Summary

Once a deposit is on file, either the plaintiff or any interested party can ask the court to check whether it's still the right amount. The motion needs the same kind of detailed support the original appraisal did -- valuation date, highest and best use, and zoning; the analysis behind the number; and property compensation versus remainder damages stated separately.

What happens next depends on possession. If the plaintiff hasn't taken possession yet and the deposit turns out too low, the court can order it increased or deny possession outright until it is. If the plaintiff has already taken possession, the court must order the increase, and the consequences of ignoring that order are serious: if the deposit isn't topped up within 30 days (or a longer period the court allows), the defendant can serve notice electing to treat the shortfall as an abandonment, and if the plaintiff doesn't cure within 10 days of that notice, the court dismisses the proceeding on the defendant's motion and awards the defendant litigation expenses and damages under §§ 1268.610 and 1268.620.

Two floor-and-ceiling rules round this out. Once a defendant has withdrawn part of the deposit, the court can't redetermine probable compensation to be less than what's already been withdrawn -- though it can still find the true figure is higher. And if the deposit turns out to exceed probable compensation, the court can let the plaintiff pull back the excess that no defendant has already withdrawn. A plaintiff who wants only to add more money to the deposit doesn't need any of this -- subdivision (f) lets that happen without a motion, so long as notice goes out under § 1255.020(a).

Frequently Asked Questions

Who can ask the court to redetermine whether a deposit is adequate?

The plaintiff, or any party with an interest in the property for which the deposit was made.

What happens if the plaintiff has already taken possession and the deposit turns out too low?

The court must order the deposit increased. If it isn't increased within 30 days (or a longer court-allowed period), the defendant can trigger an abandonment process that, if uncured within 10 days, ends in dismissal and an award of litigation expenses and damages.

Can the court ever set the deposit below what a defendant already withdrew?

No. Section 1255.030(d) bars redetermining probable compensation to less than the amount already withdrawn, though it can still be set higher.

Does the plaintiff need a motion just to add more money to the deposit?

No. Section 1255.030(f) lets the plaintiff increase the deposit at any time without a motion, as long as notice of the increase is served under § 1255.020(a).

Amendment History

Amended by Stats 2001 ch 428 (AB 237), s 6, 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

Also known as: increase eminent domain deposit californiaabandon condemnation proceeding insufficient deposit california