Where the court orders service by publication, it shall also order the plaintiff (1) to post a copy of the summons and complaint on the property sought to be taken and (2), if not already recorded, to record a notice of the pendency of the proceeding in the manner provided by Section 1250.150. Such posting and recording shall be done not later than 10 days after the date the order is made.
§ 1250.130.Plaintiff Required to Post Copy of Summons and Record Notice of Pendency of Proceeding
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 1250.130 requires the court, whenever it orders service by publication, to also order the plaintiff to post a copy of the summons and complaint on the property and to record the notice of pendency required by § 1250.150, both within ten days of the order.
Full Text of § 1250.130
Plain-English Summary
Publication alone is not the whole story when a defendant cannot be found. Whenever a court authorizes service by publication, this section pairs that order with two more requirements aimed at the same goal — giving real notice to anyone with a stake in the property.
First, the plaintiff must post a copy of the summons and complaint directly on the property sought to be taken. Second, if a notice of the pendency of the proceeding under § 1250.150 has not already been recorded, the plaintiff must record it now. Both tasks have to be done within ten days after the date of the publication order.
Frequently Asked Questions
What must a plaintiff do once a court orders service by publication?
Post a copy of the summons and complaint on the property and, if not already done, record the notice of pendency of the proceeding under § 1250.150.
How much time does the plaintiff have to complete those steps?
Ten days from the date the publication order is made.
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: posting summons on property eminent domainnotice of pendency publication order