SECTIONS 1268.310-1268.360 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1268.310-1268.360

1268.310. The compensation awarded in the proceeding shall draw
interest, computed as prescribed by Section 1268.350, from the
earliest of the following dates:
(a) The date of entry of judgment.
(b) The date the plaintiff takes possession of the property.
(c) The date after which the plaintiff is authorized to take
possession of the property as stated in an order for possession.

1268.311. In any inverse condemnation proceeding in which interest
is awarded, the interest shall be computed as prescribed by Section
1268.350.

1268.320. The compensation awarded in the proceeding shall cease to
draw interest at the earliest of the following dates:
(a) As to any amount deposited pursuant to Article 1 (commencing
with Section 1255.010) of Chapter 6 (deposit of probable compensation
prior to judgment), the date such amount is withdrawn by the person
entitled thereto.
(b) As to the amount deposited in accordance with Article 2
(commencing with Section 1268.110) (deposit of amount of award), the
date of such deposit.
(c) As to any amount paid to the person entitled thereto, the date
of such payment.

1268.330. If, after the date that interest begins to accrue, the
defendant:
(a) Continues in actual possession of the property, the value of
that possession shall be offset against the interest. For the purpose
of this section, the value of possession of the property shall be
presumed to be the rate of interest calculated as prescribed by
Section 1268.350 on the compensation awarded. This presumption is one
affecting the burden of proof.
(b) Receives rents or other income from the property attributable
to the period after interest begins to accrue, the net amount of
these rents and other income shall be offset against the interest.

1268.340. Interest, including interest accrued due to possession of
property by the plaintiff prior to judgment, and any offset against
interest as provided in Section 1268.330, shall be assessed by the
court rather than by jury.

1268.350. (a) As used in this section, "apportionment rate" means
the apportionment rate calculated by the Controller as the rate of
earnings by the Surplus Money Investment Fund for each calendar
quarter.
(b) The rate of interest payable under this article for each
calendar quarter, or fraction thereof, for which interest is due,
shall be the apportionment rate for the immediately preceding
calendar quarter.
(c) Each district office of the Department of Transportation shall
quote the apportionment rate to any person upon request.

1268.360. The interest payable for each calendar quarter shall draw
interest, computed as prescribed by Section 1268.350, in each
succeeding calendar quarter for which interest is due.