The time within which an action for the foreclosure of a lien securing an assessment against real property for street improvements, the proceedings for which are prescribed by legislation of any political unit other than the state, may be commenced, shall be two years from and after the date on which the assessment, or any bond secured thereby, or the last installment of the assessment or bond, shall be due, or, as to existing rights of action not heretofore barred, one year after the effective date hereof, whichever time is later. After that time, if the lien has not been otherwise removed, the lien ceases to exist and the assessment is conclusively presumed to be paid. The official having charge of the records of the assessment shall mark it "Conclusively presumed paid," if, at the expiration of the time within which such action might be brought he has received no written notice of the pendency of the action.
§ 329.Action For Foreclosure of Lien Securing Assessment For Street Improvement
Title 2. Of the Time of Commencing Civil Actions · Chapter 2. The Time of Commencing Actions for the Recovery of Real Property · Last amended 1981 · Last verified July 28, 2026
In one sentenceSection 329 gives a two-year window, running from when a street-improvement assessment or bond becomes due, to sue for foreclosure of the lien securing it, or one year after this section's effective date for existing rights, whichever is later, after which the lien lapses and the assessment is presumed paid.
Full Text of § 329
Plain-English Summary
Section 329 sets a two-year deadline for foreclosing a lien that secures a street-improvement assessment created under legislation of a political unit other than the state itself, such as a city or district's own improvement-assessment law. The two years runs from the date the assessment, any bond secured by it, or the last installment of the assessment or bond becomes due.
For rights of action that already existed and were not yet barred when this section took effect, the alternative measure is one year after the section's effective date, whichever of the two deadlines is later.
Once the deadline passes without the lien being otherwise removed, the lien ceases to exist by operation of this section, and the assessment is conclusively presumed paid. The official who keeps the assessment records must mark it “Conclusively presumed paid” if no written notice of a pending foreclosure action was received before the deadline expired.
Frequently Asked Questions
How long does a public agency or bondholder have to foreclose a street-improvement assessment lien?
Section 329 allows two years from when the assessment, bond, or last installment becomes due, or one year after the section's effective date for existing rights not yet barred, whichever is later.
What happens to the lien after that deadline passes?
Section 329 provides that the lien ceases to exist and the assessment is conclusively presumed paid, and the records official must mark it accordingly if no timely notice of a pending action was received.
Amendment History
Amended by Stats. 1981, Ch. 714, Sec. 68.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: street improvement assessment lien foreclosure deadline california