SECTIONS 1250.110-1250.150 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1250.110-1250.150

1250.110. An eminent domain proceeding is commenced by filing a
complaint with the court.

1250.120. (a) Except as provided in subdivision (b), the form and
contents of the summons shall be as in civil actions generally.
(b) Where process is served by publication, in addition to the
summons, the publication shall describe the property sought to be
taken in a manner reasonably calculated to give persons with an
interest in the property actual notice of the pending proceeding.

1250.125. (a) Where summons is served by publication, the
publication may name only the defendants to be served thereby and
describe only the property in which the defendants to be served
thereby have or claim interests.
(b) Judgment based on failure to appear and answer following
service under this section shall be conclusive against the defendants
named in respect only to property described in the publication.
(c) Notwithstanding subdivision (b), a defendant who did not
receive the offer required by Section 7267.2 of the Government Code
because the owner could not be located with reasonable diligence, who
was served by publication, and who failed to appear, may contest the
amount of compensation within one year of the judgment and for good
cause shown, whereupon that issue shall be litigated according to the
provisions of this title.

1250.130. Where the court orders service by publication, it shall
also order the plaintiff (1) to post a copy of the summons and
complaint on the property sought to be taken and (2), if not already
recorded, to record a notice of the pendency of the proceeding in the
manner provided by Section 1250.150. Such posting and recording
shall be done not later than 10 days after the date the order is
made.

1250.140. Where the state is a defendant, the summons and the
complaint shall be served on the Attorney General.

1250.150. The plaintiff, at the time of the commencement of the
proceeding, shall record a notice of the pendency of the proceeding
in the office of the county recorder of any county in which property
described in the complaint is located. A copy of the notice shall be
served with the summons and complaint.