(a) Except as provided in subdivision (b), the form and contents of the summons shall be as in civil actions generally.
§ 1250.120.Form and Contents of Summons; Process Served By Publication
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 1250.120 uses the ordinary rules for a summons in civil actions generally, but requires that when process is served by publication, the published notice also describe the property in a way reasonably likely to give interested persons actual notice.
Full Text of § 1250.120
(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.
Plain-English Summary
Most of the time, a summons in an eminent domain case looks and works like a summons in any civil action. Section 1250.120 does not change that baseline.
Publication is the exception. When a defendant cannot be served personally and the court allows service by publication, the published notice has to do more than a standard summons would — it must describe the property targeted by the condemnation in a way reasonably calculated to reach and inform people who hold an interest in it.
That extra description requirement recognizes what publication cannot otherwise guarantee: an unknown or hard-to-find interest holder is far more likely to notice a published notice that names the specific property than one that only recites the case caption.
Frequently Asked Questions
Does an eminent domain summons look different from an ordinary civil summons?
Not usually. Section 1250.120(a) applies the same form and content rules used in civil actions generally.
What changes when process is served by publication?
The publication must also describe the property sought to be taken, in a manner reasonably calculated to give interested persons actual notice of the proceeding.
Why does the property description matter for published notice?
Because publication reaches people who were not served directly, describing the specific property gives them a realistic chance to recognize the notice concerns their interest.
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
Also known as: eminent domain summons requirements californiaservice by publication condemnation case