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§ 861.Jurisdiction of Interested Parties Had By Publication of Summons

Title 10. Actions In Particular Cases · Chapter 9. Validating Proceedings · Enacted 1961 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 861 lets a public agency obtain jurisdiction over all interested parties by publishing summons in a general-circulation newspaper near the agency's boundaries, while also requiring reasonably practicable notice by mail or other court-ordered means before publication finishes.

Full Text of § 861

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Jurisdiction of all interested parties may be had by publication of summons pursuant to Section 6063 of the Government Code in a newspaper of general circulation designated by the court, published in the county where the action is pending and whenever possible within the boundaries of the public agency, and in such other counties as may be ordered by the court, and if there be no such newspaper in any such county or counties then in some adjoining county. In addition, prior to completion of such publication, the agency shall, to the extent which the court finds reasonably practicable, give notice of the pendency of the proceeding by mail or other means ordered by the court.

Plain-English Summary

Because a validation action targets the world rather than named defendants, the agency needs a way to reach everyone who might have an interest in the matter -- without knowing in advance who all those people are. Section 861 solves that with publication: the agency publishes summons under Government Code section 6063 in a newspaper of general circulation that the court designates, published in the county where the action is pending and, whenever possible, within the agency's own boundaries. If no such newspaper exists there, publication moves to an adjoining county, and the court can order publication in additional counties too.

Publication alone doesn't have to be the last word. Before publication is complete, the agency also has to give notice of the pending proceeding by mail or other means the court orders, to whatever extent the court finds reasonably practicable. That combination of broad publication plus targeted notice where feasible is what lets the eventual judgment bind interested parties the agency never contacted directly.

Frequently Asked Questions

How does a public agency notify unknown interested parties in a validation action?

By publication of summons under Government Code section 6063 in a newspaper of general circulation the court designates.

Is publication the only notice required?

No. The agency must also give notice by mail or other court-ordered means to the extent the court finds reasonably practicable.

What if there's no qualifying newspaper in the county?

Publication may occur in a newspaper in an adjoining county instead.

Amendment History

Added by Stats. 1961, Ch. 1479.

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: publication of summons validation action californianotice interested parties bond validation