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California Law (Last Updated: March 4, 2014) |
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Code of Civil Procedure - CCP |
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Part 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE |
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Title 7. EMINENT DOMAIN LAW |
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Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment |
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ARTICLE 2. Withdrawal of Deposit |
Section 1255.280.
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(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly.
(b) The judgment so entered shall not include interest except in the following cases:
(1) Any amount that is to be paid to a defendant shall include legal interest from the date of its withdrawal by another defendant.
(2) If the amount originally deposited by a plaintiff was increased pursuant to Section 1255.030 on motion of a party obligated to pay under this section, any amount that is attributable to such increase and that is to be repaid to the plaintiff shall include legal interest from the date of its withdrawal.
(c) If the judgment so entered is not paid within 30 days after its entry, the court may, on motion, enter judgment against the sureties, if any, for the amount of such judgment.
(d) The court may, in its discretion and with such security, if any, as it deems appropriate, grant a party obligated to pay under this section a stay of execution for any amount to be paid to a plaintiff. Such stay of execution shall not exceed one year following entry of judgment under this section.