§ 1268.330 Offsets against interest accrual; value of defendant's possession and rents

Codes > California Code of Civil Procedure > Part 3 > Title 7 > 1268.330

§ 1268.330. Offsets against interest accrual; value of defendant's possession and rents

    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.