Joinder of Property Owners

Part 3, Title 7, Chapter 5, Article 3 deals with joinder of property in the commencement of proceedings under the eminent domain law.

Section 1250.210 provides that each person seeking to take property by eminent domain is to be named as a plaintiff.

Section 1250.220 requires the plaintiff to 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.

Section 1250.230 provides that any person who claims a legal or equitable interest in the property described in the complaint may appear in the proceeding. Whether or not that person is named as a defendant in the complaint, he or she must appear as a defendant.

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

Section 1250.250 provides that, 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. The holder of a lien that secures a special assessment or a bond representing the special assessment must be named as a defendant.