(a) The plaintiff shall 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.
§ 1250.220.Persons Named As Defendants By Plaintiff
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 3. Parties; Joinder of Property · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1250.220 requires the plaintiff to name, by real name, everyone of record or known to claim an interest in the property, provides ways to name a deceased owner's representative or unknown heirs, allows naming unknown interest holders generally, and binds only properly named and served defendants.
Full Text of § 1250.220
(b) If a person described in subdivision (a) is dead and the plaintiff knows of a duly qualified and acting personal representative of the estate of such person, the plaintiff shall name such personal representative as a defendant. If a person described in subdivision (a) is dead or is believed by the plaintiff to be dead and if plaintiff knows of no duly qualified and acting personal representative of the estate of such person and states these facts in an affidavit filed with the complaint, plaintiff may name as defendants "the heirs and devisees of ____ (naming such deceased person), deceased, and all persons claiming by, through, or under said decedent," naming them in that manner and, where it is stated in the affidavit that such person is believed by the plaintiff to be dead, such person also may be named as a defendant.
(c) In addition to those persons described in subdivision (a), the plaintiff may name as defendants "all persons unknown claiming an interest in the property," naming them in that manner.
(d) A judgment rendered in a proceeding under this title is binding and conclusive upon all persons named as defendants as provided in this section and properly served.
Plain-English Summary
Naming defendants correctly matters more in eminent domain than in most civil cases, because the resulting judgment extinguishes property rights. Subdivision (a) sets the baseline: the plaintiff must name, by real name, every person who appears of record or is known to the plaintiff to have or claim an interest in the property described in the complaint.
Death complicates that requirement, so subdivision (b) supplies two paths. If the plaintiff knows of a personal representative already handling the deceased owner's estate, that representative gets named directly. If no such representative exists, or the plaintiff only believes the person may be deceased, the plaintiff can instead name the heirs and devisees of that person and everyone claiming through the decedent, provided the plaintiff files an affidavit explaining those facts.
Subdivision (c) lets the plaintiff cover gaps beyond even those categories by also naming all persons unknown who claim an interest in the property. And subdivision (d) ties it all together: the judgment binds only the people named as defendants under this section and properly served — a defendant who was never named or served is not bound by the outcome.
Frequently Asked Questions
Who must the plaintiff name as a defendant?
Every person who appears of record or is known by the plaintiff to have or claim an interest in the described property, named by real name.
What if a person with an interest in the property has died?
The plaintiff names the known personal representative of the estate, or, absent one, may name the heirs and devisees and all persons claiming through the decedent, after filing an affidavit explaining those facts.
Can the plaintiff name people whose identity isn't known?
Yes, § 1250.220(c) allows naming all persons unknown claiming an interest in the property.
Is a person bound by the judgment if they were never named or served?
No. Section 1250.220(d) makes the judgment binding and conclusive only on defendants named under this section who were properly served.
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: naming defendants eminent domain californiadeceased owner condemnation caseunknown claimants eminent domain