In an action by a public agency in eminent domain pursuant to Title 7 (commencing with Section 1230.010) of Part 3, the issuance, service, and recordation of a notice of pendency of action shall be governed by Section 1250.150 and shall not be subject to Chapter 2 (commencing with Section 405.20).
§ 405.6.Law Governing Action In Eminent Domain By Public Agency
Title 4.5. Recording Notice of Certain Actions · Chapter 1. Definitions and General Provisions · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 405.6 exempts a public agency's eminent domain action, brought under Title 7 of Part 3, from Chapter 2's recording procedure, sending it instead to the separate notice provision in Section 1250.150.
Full Text of § 405.6
Plain-English Summary
Eminent domain proceedings already have their own recording rule. Section 405.6 keeps this title's Chapter 2 -- the general recording, signing, and mailing procedure for a notice of pendency of action -- out of the way when a public agency brings a condemnation action under Title 7 of Part 3 (commencing with § 1230.010). Instead, § 1250.150 governs how the notice for that kind of action is issued, served, and recorded.
The point is coordination, not a gap in coverage: an eminent domain action still generates a recorded notice against the affected property, just under the procedure written for condemnation cases rather than the general lis pendens mechanics in § 405.20 through § 405.24.
Frequently Asked Questions
Does a public agency follow the general lis pendens recording rules when it files an eminent domain action?
No. Section 405.6 exempts an eminent domain action brought under Title 7 of Part 3 from Chapter 2's recording procedure; § 1250.150 governs notice in that kind of action instead.
Why does eminent domain get a separate notice rule instead of using Section 405.20?
Condemnation actions already had their own statutory notice mechanism before this title's general lis pendens procedure was enacted, and § 405.6 preserves that separate track rather than folding it into Chapter 2.
Amendment History
Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.
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: lis pendens eminent domain californianotice of condemnation action recording