(a) Where summons is served by publication, the publication may name only the defendants to be served thereby and describe only the property in which the defendants to be served thereby have or claim interests.
§ 1250.125.Defendants Named and Property Described In Summons Served By Publication; Failure to Appear and Answer
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 2. Commencement of Proceeding Generally · Last amended 1983 · Last verified July 29, 2026
In one sentenceSection 1250.125 lets a publication notice name only the defendants served that way and describe only the property they claim, makes a resulting default judgment binding solely as to that described property, and lets an unlocatable owner served by publication contest compensation within one year for good cause.
Full Text of § 1250.125
(b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication.
(c) Notwithstanding subdivision (b), a defendant who did not receive the offer required by Section 7267.2 of the Government Code because the owner could not be located with reasonable diligence, who was served by publication, and who failed to appear, may contest the amount of compensation within one year of the judgment and for good cause shown, whereupon that issue shall be litigated according to the provisions of this title.
Plain-English Summary
This section narrows the scope of a publication-based summons and gives one category of defendant a limited second chance. Subdivision (a) lets the publication name only the defendants being served that way and describe only the property those particular defendants have or claim an interest in — the notice does not have to cover every defendant or every parcel in the case.
That narrower scope carries through to judgment. If a defendant served by publication fails to appear and answer, subdivision (b) makes the resulting default judgment conclusive only as to the property described in that publication, not the whole case.
Subdivision (c) addresses a specific gap: an owner who could not be located with reasonable diligence never received the offer that Government Code § 7267.2 otherwise requires, was served by publication instead, and did not appear. That owner gets one year after judgment to contest the amount of compensation, for good cause shown, with that issue then litigated under this title's normal procedures.
Frequently Asked Questions
Can a publication notice cover every defendant in the case?
No. Section 1250.125(a) allows the publication to name only the defendants served by that method and describe only the property they claim an interest in.
How far does a default judgment based on publication service reach?
Only as far as the property described in that publication, under § 1250.125(b).
What relief exists for an owner who could not be found and was served by publication?
Section 1250.125(c) lets that owner contest the compensation amount within one year of judgment, for good cause, if the owner never received the offer required by Government Code § 7267.2 and failed to appear.
Amendment History
Amended by Stats. 1983, Ch. 1079, Sec. 2.
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: service by publication eminent domain judgmentcontest compensation after default eminent domain