An eminent domain proceeding is commenced by filing a complaint with the court.
§ 1250.110.Commenced By Filing Complaint
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 2. Commencement of Proceeding Generally · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1250.110 states the basic rule that an eminent domain proceeding begins when the condemning party files a complaint with the court, the same trigger used to start any ordinary civil lawsuit.
Full Text of § 1250.110
Plain-English Summary
Nothing elaborate opens a condemnation case. Filing a complaint with the court is what commences the proceeding, just as it would for any other civil lawsuit.
What follows that filing has its own eminent-domain-specific requirements: the summons and any publication notice (§§ 1250.120 and 1250.125), the posting and recording obligations tied to service by publication (§ 1250.130), service on the Attorney General when the state is a defendant (§ 1250.140), and the notice of pendency of the proceeding that must be recorded and served (§ 1250.150). The complaint itself must also meet the pleading requirements of § 1250.310.
Frequently Asked Questions
How does an eminent domain proceeding start?
By filing a complaint with the court, under § 1250.110.
Is anything else required at the moment of filing?
Yes. Section 1250.150 requires the plaintiff to record a notice of pendency of the proceeding at the time the proceeding is commenced.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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