SECTIONS 1268.010-1268.030 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1268.010-1268.030

1268.010. (a) Not later than 30 days after final judgment, or 30
days after the conclusion of any other court proceedings, including
any federal court proceedings, commenced by the defendant challenging
the judgment or any of the condemnation proceedings, whichever date
is later, the plaintiff shall pay the full amount required by the
judgment.
(b) Payment shall be made by either or both of the following
methods:
(1) Payment of money directly to the defendant. Any amount which
the defendant has previously withdrawn pursuant to Article 2
(commencing with Section 1255.210) of Chapter 6 shall be credited as
a payment to him on the judgment.
(2) Deposit of money with the court pursuant to Section 1268.110.
Upon entry of judgment, a deposit made pursuant to Article 1
(commencing with Section 1255.010) of Chapter 6 is deemed to be a
deposit made pursuant to Section 1268.110 if the full amount required
by the judgment is deposited or paid.

1268.020. (a) If the plaintiff fails to pay the full amount
required by the judgment within the time specified in Section
1268.010, the defendant may:
(1) If the plaintiff is a public entity, enforce the judgment as
provided in Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code.
(2) If the plaintiff is not a public entity, enforce the judgment
as in a civil case.
(b) Upon noticed motion of the defendant, the court shall enter
judgment dismissing the eminent domain proceeding if all of the
following are established:
(1) The plaintiff failed to pay the full amount required by the
judgment within the time specified in Section 1268.010.
(2) The defendant has filed in court and served upon the
plaintiff, by registered or certified mail, a written notice of the
plaintiff's failure to pay the full amount required by the judgment
within the time specified in Section 1268.010.
(3) The plaintiff has failed for 20 days after service of the
notice under paragraph (2) to pay the full amount required by the
judgment in the manner provided in subdivision (b) of Section
1268.010.
(c) The defendant may elect to exercise the remedy provided by
subdivision (b) without attempting to use the remedy provided by
subdivision (a).
(d) As used in this section, "public entity" does not include the
Regents of the University of California.

1268.030. (a) Upon application of any party, the court shall make a
final order of condemnation if the full amount of the judgment has
been paid as required by Section 1268.010 or satisfied pursuant to
Section 1268.020.
(b) The final order of condemnation shall describe the property
taken and identify the judgment authorizing the taking.
(c) The party upon whose application the order was made shall
serve notice of the making of the order on all other parties affected
thereby. Any party affected by the order may thereafter record a
certified copy of the order in the office of the recorder of the
county in which the property is located and shall serve notice of
recordation upon all other parties affected thereby. Title to the
property vests in the plaintiff upon the date of recordation.