Commencement of Eminent Domain

Code of Civil Procedure Part 3, Title 7, Chapter 5, Article 2 deals with commencement of proceeding of eminent domain law in California.

Section 1250.110 provides that an eminent domain proceeding is commenced by filing a complaint with the court.

Section 1250.120 requires the form and contents of the summons to be as in civil actions generally. Where process is served by publication, in addition to the summons, the publication must 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.

Section 1250.125 states that, where summons is served by publication, the publication may name only the defendants to be served and describe only the property in which the defendants to be served have or claim interests. Judgment based on failure to appear and answer following service under this section is to be conclusive against the defendants named in respect only to property described in the publication.

Section 1250.130 states that, where the court orders service by publication, it is required to also order the plaintiff to post a copy of the summons and complaint on the property sought to be taken and, if not already recorded, to record a notice of the pendency of the proceeding in the manner provided.

Section 1250.140 specifies that, where the state is a defendant, the summons and the complaint must be served on the Attorney General.

Section 1250.150 requires the plaintiff, at the time of the commencement of the proceeding, to 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.