SECTIONS 1250.210-1250.250 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1250.210-1250.250

1250.210. Each person seeking to take property by eminent domain
shall be named as a plaintiff.

1250.220. (a) The plaintiff shall name as defendants, by their real
names, those persons who appear of record or are known by the
plaintiff to have or claim an interest in the property described in
the complaint.
(b) If a person described in subdivision (a) is dead and the
plaintiff knows of a duly qualified and acting personal
representative of the estate of such person, the plaintiff shall name
such personal representative as a defendant. If a person described
in subdivision (a) is dead or is believed by the plaintiff to be dead
and if plaintiff knows of no duly qualified and acting personal
representative of the estate of such person and states these facts in
an affidavit filed with the complaint, plaintiff may name as
defendants "the heirs and devisees of ____ (naming such deceased
person), deceased, and all persons claiming by, through, or under
said decedent," naming them in that manner and, where it is stated in
the affidavit that such person is believed by the plaintiff to be
dead, such person also may be named as a defendant.
(c) In addition to those persons described in subdivision (a), the
plaintiff may name as defendants "all persons unknown claiming an
interest in the property," naming them in that manner.
(d) A judgment rendered in a proceeding under this title is
binding and conclusive upon all persons named as defendants as
provided in this section and properly served.

1250.230. Any person who claims a legal or equitable interest in
the property described in the complaint may appear in the proceeding.
Whether or not such person is named as a defendant in the complaint,
he shall appear as a defendant.

1250.240. The plaintiff may join in one complaint all property
located within the same county which is sought to be acquired for the
same project.

1250.250. (a) If the only interest of the county or other taxing
agency in the property described in the complaint is a lien for ad
valorem taxes, the county or other taxing agency need not be named as
a defendant.
(b) The holder of a lien that secures a special assessment or a
bond representing the special assessment shall be named as a
defendant, regardless of the nature of the special assessment and the
manner of collection of the special assessment. The holder of the
lien may, instead of an answer, certify to the court within 30 days
after service of the summons and complaint on the holder all of the
following information:
(1) A complete description of the lien.
(2) A description of the property encumbered by the lien.
(3) The amount remaining due on the lien as of the date of the
certificate.
(4) The date upon which each installment payable on the lien is
due and the amount of each installment.
(c) A copy of the certification shall be sent by first-class mail
to all parties to the proceeding at the time it is provided to the
court. The filing of the certification or answer shall be considered
as a general appearance.