PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE 1063-1822.60›TITLE 7. EMINENT DOMAIN LAW 1230.010-1273.050›CHAPTER 11. Postjudgment Procedure 1268.010-1268.720›ARTICLE 4. Interest 1268.310-1268.360
§ 1268.330
California Code of Civil Procedure · 2018-11 edition · updated 2026-10-04 · California
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.
(Amended by Stats. 1986, Ch. 1372, Sec. 3.)
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