(a) As used in this section, "record owner" means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments.
§ 1255.450.Service of Copy of Order
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 3. Possession Prior to Judgment · Last amended 2007 · Last verified July 29, 2026
In one sentenceSection 1255.450 sets the service rules for delivering a copy of a possession order to the property's record owner and any occupants -- generally 30 days ahead for occupied dwellings, farms, or businesses and 10 days ahead otherwise -- and describes service by mail or, when the owner can't be found, by court permission to skip it.
Full Text of § 1255.450
(b) The plaintiff shall serve a copy of the order for possession issued under Section 1255.410 on the record owner of the property and on the occupants, if any. If the property is lawfully occupied by a person dwelling thereon or by a farm or business operation, service shall be made not less than 30 days prior to the time possession is to be taken pursuant to the order. In all other cases, service shall be made not less than 10 days prior to the time possession is to be taken pursuant to the order. Service may be made with or following service of summons.
(d) Service of the order shall be made by personal service except that:
(1) If the person on whom service is to be made has previously appeared in the proceeding or been served with summons in the proceeding, service of the order may be made by mail upon that person and his or her attorney of record, if any.
(2) If the person on whom service is to be made resides out of the state, or has departed from the state or cannot with due diligence be found within the state, service of the order may be made by registered or certified mail addressed to that person at his or her last known address.
(e) When the record owner cannot be located, the court may, for good cause shown on ex parte application, authorize the plaintiff to take possession of unoccupied property without serving a copy of the order for possession upon a record owner.
(f) A single service upon or mailing to one of several persons having a common business or residence address is sufficient.
Plain-English Summary
Subdivision (a) defines who counts as the "record owner" for this section -- the owner of legal or equitable title to the fee, or to any lesser interest, as shown by recorded deeds or other recorded instruments. Subdivision (b) sets the baseline timing for serving an order for possession issued under § 1255.410: at least 30 days before possession is taken if the property is lawfully occupied by someone living there or by a farm or business operation, and at least 10 days before possession in every other case. Service can ride along with, or follow, service of the summons.
Subdivision (c) applies the same 30-day minimum to orders made under §§ 1255.040, 1255.050, or 1255.460.
Personal service is the default method, but subdivision (d) allows mail service in two situations -- when the person to be served has already appeared in the proceeding or been served with the summons, service can go by mail to that person and any attorney of record, and when the person resides out of state, has left the state, or can't be found in the state with due diligence, service can go by registered or certified mail to the last known address. If the record owner can't be located at all, subdivision (e) lets the court, on ex parte application and for good cause, authorize the plaintiff to take possession of unoccupied property without ever serving that owner. And subdivision (f) allows a single service or mailing to cover several people who share a common business or residence address.
Frequently Asked Questions
Who counts as the "record owner" for service purposes?
The owner of legal or equitable title to the fee, or to a lesser interest, as shown by recorded deeds or other recorded instruments.
How much notice must an occupied dwelling, farm, or business get before possession is taken?
At least 30 days.
What if the record owner can't be located?
The court may, on ex parte application and for good cause, authorize the plaintiff to take possession of unoccupied property without serving that owner.
Does service always have to be done in person?
No -- mail service is allowed for people who've already appeared or been served with the summons, and for those who are out of state or can't be found with due diligence.
Amendment History
Amended by Stats 2006 ch 594 (SB 1210),s 6, eff. 1/1/2007.
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 of possession order eminent domain californiarecord owner definition condemnation california