1255.210. Prior to entry of judgment, any defendant may apply to
the court for the withdrawal of all or any portion of the amount
deposited. The application shall be verified, set forth the applicant'
s interest in the property, and request withdrawal of a stated
amount. The applicant shall serve a copy of the application on the
plaintiff.
1255.220. Subject to the requirements of this article, the court
shall order the amount requested in the application, or such portion
of that amount as the applicant is entitled to receive, to be paid to
the applicant.
1255.230. (a) No withdrawal may be ordered until 20 days after
service on the plaintiff of a copy of the application or until the
time for all objections has expired, whichever is later.
(b) Within the 20-day period, the plaintiff may file objections to
withdrawal on any one or more of the following grounds:
(1) Other parties to the proceeding are known or believed to have
interests in the property.
(2) An undertaking should be filed by the applicant as provided in
Section 1255.240 or 1255.250.
(3) The amount of an undertaking filed by the applicant under this
chapter or the sureties thereon are insufficient.
(c) If an objection is filed on the ground that other parties are
known or believed to have interests in the property, the plaintiff
shall serve or attempt to serve on such other parties a notice that
they may appear within 10 days after such service and object to the
withdrawal. The notice shall advise such parties that their failure
to object will result in waiver of any rights against the plaintiff
to the extent of the amount withdrawn. The notice shall be served in
the manner provided in Section 1255.450 for service of an order for
possession. The plaintiff shall file, and serve on the applicant, a
report setting forth (1) the names of the parties upon whom the
notice was served and the dates of service and (2) the names and last
known addresses of the other parties who are known or believed to
have interests in the property but who were not so served. The
applicant may serve parties whom the plaintiff has been unable to
serve. Parties served in the manner provided in Section 1255.450
shall have no claim against the plaintiff for compensation to the
extent of the amount withdrawn by all applicants. The plaintiff shall
remain liable to parties having an interest of record who are not so
served but, if such liability is enforced, the plaintiff shall be
subrogated to the rights of such parties under Section 1255.280.
(d) If any party objects to the withdrawal, or if the plaintiff so
requests, the court shall determine, upon hearing, the amounts to be
withdrawn, if any, and by whom.
1255.240. (a) If the court determines that an applicant is entitled
to withdraw any portion of a deposit that another party claims or to
which another person may be entitled, the court may require the
applicant, before withdrawing such portion, to file an undertaking.
The undertaking shall secure payment to such party or person of any
amount withdrawn that exceeds the amount to which the applicant is
entitled as finally determined in the proceeding, together with
interest as provided in Section 1255.280. If withdrawal is permitted
notwithstanding the lack of personal service of the application for
withdrawal upon any party to the proceeding, the court may also
require that the undertaking indemnify the plaintiff against any
liability it may incur under Section 1255.230. The undertaking shall
be in such amount as is fixed by the court, but if executed by an
admitted surety insurer the amount shall not exceed the portion
claimed by the adverse claimant or appearing to belong to another
person. If executed by two or more sufficient sureties, the amount
shall not exceed double such portion.
(b) If the undertaking is required primarily because of an issue
as to title between the applicant and another party or person, the
applicant filing the undertaking is not entitled to recover the
premium reasonably paid for the undertaking as a part of the
recoverable costs in the eminent domain proceeding.
1255.250. (a) If the amount originally deposited is increased
pursuant to Section 1255.030 and the total amount sought to be
withdrawn exceeds the amount of the original deposit, the applicant,
or each applicant if there are two or more, shall file an
undertaking. The undertaking shall be in favor of the plaintiff and
shall secure repayment of any amount withdrawn that exceeds the
amount to which the applicant is entitled as finally determined in
the eminent domain proceeding, together with interest as provided in
Section 1255.280. If the undertaking is executed by an admitted
surety insurer, the undertaking shall be in the amount by which the
total amount to be withdrawn exceeds the amount originally deposited.
If the undertaking is executed by two or more sufficient sureties,
the undertaking shall be in double such amount, but the maximum
amount that may be recovered from such sureties is the amount by
which the total amount to be withdrawn exceeds the amount originally
deposited.
(b) If there are two or more applicants, the applicants, in lieu
of filing separate undertakings, may jointly file a single
undertaking in the amount required by subdivision (a).
1255.260. If any portion of the money deposited pursuant to this
chapter is withdrawn, the receipt of any such money shall constitute
a waiver by operation of law of all claims and defenses in favor of
the persons receiving such payment except a claim for greater
compensation.
1255.280. (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.
1255.210. Prior to entry of judgment, any defendant may apply to
the court for the withdrawal of all or any portion of the amount
deposited. The application shall be verified, set forth the applicant'
s interest in the property, and request withdrawal of a stated
amount. The applicant shall serve a copy of the application on the
plaintiff.
1255.220. Subject to the requirements of this article, the court
shall order the amount requested in the application, or such portion
of that amount as the applicant is entitled to receive, to be paid to
the applicant.
1255.230. (a) No withdrawal may be ordered until 20 days after
service on the plaintiff of a copy of the application or until the
time for all objections has expired, whichever is later.
(b) Within the 20-day period, the plaintiff may file objections to
withdrawal on any one or more of the following grounds:
(1) Other parties to the proceeding are known or believed to have
interests in the property.
(2) An undertaking should be filed by the applicant as provided in
Section 1255.240 or 1255.250.
(3) The amount of an undertaking filed by the applicant under this
chapter or the sureties thereon are insufficient.
(c) If an objection is filed on the ground that other parties are
known or believed to have interests in the property, the plaintiff
shall serve or attempt to serve on such other parties a notice that
they may appear within 10 days after such service and object to the
withdrawal. The notice shall advise such parties that their failure
to object will result in waiver of any rights against the plaintiff
to the extent of the amount withdrawn. The notice shall be served in
the manner provided in Section 1255.450 for service of an order for
possession. The plaintiff shall file, and serve on the applicant, a
report setting forth (1) the names of the parties upon whom the
notice was served and the dates of service and (2) the names and last
known addresses of the other parties who are known or believed to
have interests in the property but who were not so served. The
applicant may serve parties whom the plaintiff has been unable to
serve. Parties served in the manner provided in Section 1255.450
shall have no claim against the plaintiff for compensation to the
extent of the amount withdrawn by all applicants. The plaintiff shall
remain liable to parties having an interest of record who are not so
served but, if such liability is enforced, the plaintiff shall be
subrogated to the rights of such parties under Section 1255.280.
(d) If any party objects to the withdrawal, or if the plaintiff so
requests, the court shall determine, upon hearing, the amounts to be
withdrawn, if any, and by whom.
1255.240. (a) If the court determines that an applicant is entitled
to withdraw any portion of a deposit that another party claims or to
which another person may be entitled, the court may require the
applicant, before withdrawing such portion, to file an undertaking.
The undertaking shall secure payment to such party or person of any
amount withdrawn that exceeds the amount to which the applicant is
entitled as finally determined in the proceeding, together with
interest as provided in Section 1255.280. If withdrawal is permitted
notwithstanding the lack of personal service of the application for
withdrawal upon any party to the proceeding, the court may also
require that the undertaking indemnify the plaintiff against any
liability it may incur under Section 1255.230. The undertaking shall
be in such amount as is fixed by the court, but if executed by an
admitted surety insurer the amount shall not exceed the portion
claimed by the adverse claimant or appearing to belong to another
person. If executed by two or more sufficient sureties, the amount
shall not exceed double such portion.
(b) If the undertaking is required primarily because of an issue
as to title between the applicant and another party or person, the
applicant filing the undertaking is not entitled to recover the
premium reasonably paid for the undertaking as a part of the
recoverable costs in the eminent domain proceeding.
1255.250. (a) If the amount originally deposited is increased
pursuant to Section 1255.030 and the total amount sought to be
withdrawn exceeds the amount of the original deposit, the applicant,
or each applicant if there are two or more, shall file an
undertaking. The undertaking shall be in favor of the plaintiff and
shall secure repayment of any amount withdrawn that exceeds the
amount to which the applicant is entitled as finally determined in
the eminent domain proceeding, together with interest as provided in
Section 1255.280. If the undertaking is executed by an admitted
surety insurer, the undertaking shall be in the amount by which the
total amount to be withdrawn exceeds the amount originally deposited.
If the undertaking is executed by two or more sufficient sureties,
the undertaking shall be in double such amount, but the maximum
amount that may be recovered from such sureties is the amount by
which the total amount to be withdrawn exceeds the amount originally
deposited.
(b) If there are two or more applicants, the applicants, in lieu
of filing separate undertakings, may jointly file a single
undertaking in the amount required by subdivision (a).
1255.260. If any portion of the money deposited pursuant to this
chapter is withdrawn, the receipt of any such money shall constitute
a waiver by operation of law of all claims and defenses in favor of
the persons receiving such payment except a claim for greater
compensation.
1255.280. (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.
1255.210. Prior to entry of judgment, any defendant may apply to
the court for the withdrawal of all or any portion of the amount
deposited. The application shall be verified, set forth the applicant'
s interest in the property, and request withdrawal of a stated
amount. The applicant shall serve a copy of the application on the
plaintiff.
1255.220. Subject to the requirements of this article, the court
shall order the amount requested in the application, or such portion
of that amount as the applicant is entitled to receive, to be paid to
the applicant.
1255.230. (a) No withdrawal may be ordered until 20 days after
service on the plaintiff of a copy of the application or until the
time for all objections has expired, whichever is later.
(b) Within the 20-day period, the plaintiff may file objections to
withdrawal on any one or more of the following grounds:
(1) Other parties to the proceeding are known or believed to have
interests in the property.
(2) An undertaking should be filed by the applicant as provided in
Section 1255.240 or 1255.250.
(3) The amount of an undertaking filed by the applicant under this
chapter or the sureties thereon are insufficient.
(c) If an objection is filed on the ground that other parties are
known or believed to have interests in the property, the plaintiff
shall serve or attempt to serve on such other parties a notice that
they may appear within 10 days after such service and object to the
withdrawal. The notice shall advise such parties that their failure
to object will result in waiver of any rights against the plaintiff
to the extent of the amount withdrawn. The notice shall be served in
the manner provided in Section 1255.450 for service of an order for
possession. The plaintiff shall file, and serve on the applicant, a
report setting forth (1) the names of the parties upon whom the
notice was served and the dates of service and (2) the names and last
known addresses of the other parties who are known or believed to
have interests in the property but who were not so served. The
applicant may serve parties whom the plaintiff has been unable to
serve. Parties served in the manner provided in Section 1255.450
shall have no claim against the plaintiff for compensation to the
extent of the amount withdrawn by all applicants. The plaintiff shall
remain liable to parties having an interest of record who are not so
served but, if such liability is enforced, the plaintiff shall be
subrogated to the rights of such parties under Section 1255.280.
(d) If any party objects to the withdrawal, or if the plaintiff so
requests, the court shall determine, upon hearing, the amounts to be
withdrawn, if any, and by whom.
1255.240. (a) If the court determines that an applicant is entitled
to withdraw any portion of a deposit that another party claims or to
which another person may be entitled, the court may require the
applicant, before withdrawing such portion, to file an undertaking.
The undertaking shall secure payment to such party or person of any
amount withdrawn that exceeds the amount to which the applicant is
entitled as finally determined in the proceeding, together with
interest as provided in Section 1255.280. If withdrawal is permitted
notwithstanding the lack of personal service of the application for
withdrawal upon any party to the proceeding, the court may also
require that the undertaking indemnify the plaintiff against any
liability it may incur under Section 1255.230. The undertaking shall
be in such amount as is fixed by the court, but if executed by an
admitted surety insurer the amount shall not exceed the portion
claimed by the adverse claimant or appearing to belong to another
person. If executed by two or more sufficient sureties, the amount
shall not exceed double such portion.
(b) If the undertaking is required primarily because of an issue
as to title between the applicant and another party or person, the
applicant filing the undertaking is not entitled to recover the
premium reasonably paid for the undertaking as a part of the
recoverable costs in the eminent domain proceeding.
1255.250. (a) If the amount originally deposited is increased
pursuant to Section 1255.030 and the total amount sought to be
withdrawn exceeds the amount of the original deposit, the applicant,
or each applicant if there are two or more, shall file an
undertaking. The undertaking shall be in favor of the plaintiff and
shall secure repayment of any amount withdrawn that exceeds the
amount to which the applicant is entitled as finally determined in
the eminent domain proceeding, together with interest as provided in
Section 1255.280. If the undertaking is executed by an admitted
surety insurer, the undertaking shall be in the amount by which the
total amount to be withdrawn exceeds the amount originally deposited.
If the undertaking is executed by two or more sufficient sureties,
the undertaking shall be in double such amount, but the maximum
amount that may be recovered from such sureties is the amount by
which the total amount to be withdrawn exceeds the amount originally
deposited.
(b) If there are two or more applicants, the applicants, in lieu
of filing separate undertakings, may jointly file a single
undertaking in the amount required by subdivision (a).
1255.260. If any portion of the money deposited pursuant to this
chapter is withdrawn, the receipt of any such money shall constitute
a waiver by operation of law of all claims and defenses in favor of
the persons receiving such payment except a claim for greater
compensation.
1255.280. (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.
