Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 3. Possession After Judgment · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1268.220 requires the agency to serve a copy of the possession order on each defendant and attorney, personally or by mail, at least 30 days before taking possession of an occupied dwelling or a farm or business operation, and at least 10 days before taking possession in any other case.
(a)The plaintiff shall serve a copy of the order for possession upon each defendant and his attorney, either personally or by mail:
(1)At least 30 days prior to the date possession is to be taken of property lawfully occupied by a person dwelling thereon or by a farm or business operation.
(2)At least 10 days prior to the date possession is to be taken in any case not covered by paragraph
(1).
(b)A single service upon or mailing to one of several persons having a common business or residence address is sufficient.
Plain-English Summary
An order authorizing possession is only useful to the people it affects if they receive it with enough lead time to prepare. This section sets that lead time, and it isn't the same for every kind of property.
Where the property is lawfully occupied by someone living there, or by a farm or business operation, the agency has to serve the order at least 30 days before the date possession is to be taken -- recognizing that displacing a household or an ongoing operation takes real time to arrange. For every other kind of property, 10 days' notice is enough.
Service can go to the defendant or the defendant's attorney, personally or by mail. And where several people share a common business or residence address, one service or mailing to any one of them covers the group, sparing the agency from serving each person separately at the same address.
Frequently Asked Questions
How much notice must the agency give before taking possession of an occupied home, farm, or business?
At least 30 days before the date possession is to be taken.
How much notice is required for other kinds of property?
At least 10 days before the date possession is to be taken.
Who can be served with the possession order?
Each defendant and the defendant's attorney, either personally or by mail.
Is separate service required for people who share the same address?
No. A single service upon or mailing to one of several persons sharing a common business or residence address is sufficient.
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:service of possession order eminent domain californianotice before taking possession condemnation