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Withdrawal of Deposit

Dec 9, 2019 | California

What Is California Law on Eminent Domain About in General?

Article 7 of the Code of Civil Procedure provides for California’s eminent domain rules.

The hegemony is of great importance, as long as government payments just reimbursement, that national, state or federal governments take private property for public use. Private property is only taken over by eminent domain pursuant to California Code of Civil Procedure Section 1230.030 if public use occurs.

What Do We Call a “Withdrawal of Deposit”?

  • Any defendant can apply to a court for the withdrawal of all or any portion of the deposited amount before the judgment is entered. The application shall be verified, the applicant’s interest in the property shall be determined, and a stated amount shall be requested to be withdrawn. The claimant shall serve on the complainant a copy of the petition.
  • Subject to requirements of Article on Withdrawal of Deposit of CCP, the court will order payment to the applicant of the amount requested in the application or of the portion of that amount that the applicant is entitled to receive.

The Law on “Withdrawal of Deposit”?

No withdrawal could be requested on the claimant of a copy of the request until 20 days after operation or until the time has elapsed for all complaints, whichever is later.

When an objection is lodged on the ground that the other parties are known or suspected to have interest in the property, the plaintiff shall serve or offer to inform such other parties that they may appear within 10 days of the service and object to the withdrawal. The notice shall inform those parties that, to the degree of the amount withdrawn, their failure to object would result in the waiver of any rights against the complainant.

Also, a plaintiff will file and serve on the applicant a document setting out ànames of the parties to whom the notice has been given and the dates of service, and ànames and last known addresses of the other parties known or suspected to have interest in the property but not served so. A plaintiff can represent parties not served by the plaintiff.

What Are the Grounds for Filing Objections to Withdrawal?

Within the 20-day period, the plaintiff can file withdrawal objections on one or more of the following grounds:

  • Other parties to the case are known to have interest in the property or are suspected to have interest in it.
  • The applicant must file an undertaking in compliance with Section 1255.240 and/ or 1255.250 of CCP.
  • The amount of the undertaking filed or the guarantees thereon by the applicant under this chapter are insufficient.
  • On the Amount of Withdrawal

    If any part of the money deposited under the Chapter 6 of CCP (Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment) is withdrawn, the receipt of any of these money shall constitute a waiver of all claims and defenses in favor of the individuals receiving such payment by the operation of law, except a claim for greater compensation.

    Any amount withdrawn under this article by a party beyond the amount to which it is entitled as eventually decided in the eminent domain proceeding shall be paid to the parties entitled to it. The judgment will be entered by the court accordingly.