§ 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
Full Text of § 861
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.