Where any persons unknown or any deceased persons or the heirs and devisees of any deceased persons have been properly joined as defendants but have not appeared either personally or by a personal representative, the court shall determine the extent of the interests of such defendants in the property taken or in the remainder if the property taken is part of a larger parcel and the compensation to be awarded for such interests. The court may determine the extent and value of the interests of all such defendants in the aggregate without apportionment between the respective defendants. In any event, in the case of deceased persons, the court shall determine only the extent and value of the interest of the decedent and shall not determine the extent and value of the separate interests of the heirs and devisees in such decedent's interest.
§ 1260.240.Determination When Unknown Persons Or Deceased Persons Properly Joined As Defendants
Title 7. Eminent Domain Law · Chapter 8. Procedures for Determining Right to Take and Compensation · Article 3. Procedures Relating to Determination of Compensation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1260.240 lets the court determine, in the aggregate rather than defendant by defendant, the interests and compensation owed to unknown or deceased persons properly joined as defendants who never appeared, while limiting any determination for a deceased person to the decedent's own interest rather than dividing it among heirs and devisees.
Full Text of § 1260.240
Plain-English Summary
Eminent domain proceedings sometimes have to name defendants whose identities aren't fully known, or who died before or during the case, along with their heirs and devisees. This section tells the court what to do when those defendants have been properly joined but never showed up, personally or through a representative.
The court still has to determine the extent of their interests in the property taken -- or in the remainder, if only part of a larger parcel was taken -- and the compensation those interests are owed. To keep that manageable, the court can determine the extent and value of all such interests in the aggregate, without dividing the determination among each individual defendant.
For deceased defendants specifically, the court draws the line at the decedent's own interest. It determines only the extent and value of what the decedent held; it doesn't go further and divide that interest up among the heirs and devisees who might eventually inherit it. That division is left for another proceeding, outside this one.
Frequently Asked Questions
What happens when unknown or deceased defendants never appear in the case?
The court still determines the extent of their interests in the property (or its remainder) and the compensation owed for those interests.
Can the court determine these interests without separating out each individual defendant?
Yes. The court may determine the extent and value of the interests of all such defendants in the aggregate, without apportionment between them.
Does the court divide a deceased person's interest among the heirs and devisees?
No. The court determines only the extent and value of the decedent's own interest, not the separate interests of the heirs and devisees in it.
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: unknown deceased defendants eminent domain californiaheirs devisees condemnation compensation