Postjudgment ProcedurePayment of Judgment; Final Order of Condemnation

Section § 1268.010

Explanation

After a final judgment or any related legal proceedings, the individual or entity that initiated the condemnation (taking of property) case must pay the judgment amount within 30 days. This payment can be made directly to the property owner or deposited with the court. Any earlier withdrawals by the property owner are credited towards the judgment. If the full judgment amount is deposited with the court, it meets the legal requirement.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1268.010(b) Payment shall be made by either or both of the following methods:
(1)CA Civil Procedure Code § 1268.010(b)(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 Any amount which the defendant has previously withdrawn pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6 shall be credited as a payment to him on the judgment.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)CA Civil Procedure Code § 1268.010(b)(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.
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Section § 1268.020

Explanation

If someone suing to take property doesn't pay the full amount set by the court in time, the person whose property is being taken can enforce the judgment in different ways depending on whether the plaintiff is a government body or not. If the plaintiff is a government body, the enforcement follows specific government rules. If not, it's like any other civil case. If the plaintiff still doesn't pay after being officially notified and given 20 more days, the court can dismiss the lawsuit. The property owner can directly seek dismissal without trying other enforcement first. This section specifies that 'public entity' doesn’t include the University of California Regents.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1268.020(a)(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)CA Civil Procedure Code § 1268.020(a)(2) If the plaintiff is not a public entity, enforce the judgment as in a civil case.
(b)CA Civil Procedure Code § 1268.020(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)CA Civil Procedure Code § 1268.020(b)(1) The plaintiff failed to pay the full amount required by the judgment within the time specified in Section 1268.010.
(2)CA Civil Procedure Code § 1268.020(b)(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)CA Civil Procedure Code § 1268.020(b)(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)CA Civil Procedure Code § 1268.020(c) The defendant may elect to exercise the remedy provided by subdivision (b) without attempting to use the remedy provided by subdivision (a).
(d)CA Civil Procedure Code § 1268.020(d) As used in this section, “public entity” does not include the Regents of the University of California.
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Section § 1268.030

Explanation

If someone has paid or settled the full amount required by a court for taking property, the court can issue a final order confirming the property takeover. This order will detail the property and refer to the court's authorization. The party requesting the order must inform all affected parties about it. Once it's recorded in the county records, the title (ownership) of the property officially transfers to the party who sought the court's approval.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1268.030(b) The final order of condemnation shall describe the property taken and identify the judgment authorizing the taking.
(c)CA Civil Procedure Code § 1268.030(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.
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