The Controller may lease or sell any real property for cash at public auction to the highest bidder. Before such sale or lease, notice thereof shall be published pursuant to Government Code Section 6063 in a newspaper published in the county in which the real property is situated, or in an adjoining county, if there is no newspaper published in such county. The notice is sufficient for all the purposes of such lease or sale if the real property is described sufficiently to identify it. The cost of publication shall be a charge against the proceeds of the lease or sale, or, if the lease or sale is not consummated, such cost shall be a legal charge against the appropriation for official advertising. If the value of the property to be sold does not appear to exceed one thousand dollars ($1,000) in the determination of the Controller, notice of sale thereof may be published pursuant to Government Code Section 6061.
§ 1373.Sale Or Lease At Public Auction; Notice
Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 3. Sale or Disposal of Property · Last amended 1963 · Last verified July 29, 2026
In one sentenceSection 1373 lets the Controller lease or sell real property for cash at public auction to the highest bidder after publishing notice in a local newspaper, with a shorter, cheaper notice option under Government Code Section 6061 when the property's value appears to be no more than one thousand dollars.
Full Text of § 1373
Plain-English Summary
Selling real property calls for more public transparency than disposing of ordinary personal property, and Section 1373 builds that transparency in. The Controller may lease or sell real property for cash at public auction to the highest bidder, but only after publishing notice of the sale or lease under Government Code Section 6063 in a newspaper in the county where the property sits, or an adjoining county if the property's own county has no newspaper. That notice only needs to describe the property well enough to identify it -- nothing more elaborate is required.
The section also handles who pays for the notice and offers a shortcut for low-value property. Publication costs come out of the sale or lease proceeds if the transaction closes, or out of the official advertising appropriation if it doesn't. And if the Controller determines the property's value doesn't exceed one thousand dollars, the cheaper and shorter notice under Government Code Section 6061 can be used instead, sparing the state the expense of full publication for property worth relatively little.
Frequently Asked Questions
Does the Controller have to publish notice before selling real property at public auction?
Yes. Section 1373 requires notice published under Government Code Section 6063 in a newspaper in the county where the property is located, or an adjoining county if none exists there.
How detailed does the published notice have to be?
The notice is sufficient if the real property is described enough to identify it -- the section doesn't demand more detail than that.
Who pays for publishing the notice?
The cost is charged against the proceeds of the sale or lease if it closes, or against the official advertising appropriation if the transaction is never consummated.
Is there a shortcut for lower-value property?
Yes. If the Controller determines the property's value doesn't exceed one thousand dollars, notice may instead be published under the shorter Government Code Section 6061 procedure.
Amendment History
Amended by Stats. 1963, Ch. 752.
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: public auction sale of escheated real propertynotice requirements controller real property sale