§ 801.3.Defendants to Action
Title 10. Actions In Particular Cases · Chapter 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments · Last amended 1951 · Last verified July 28, 2026
Full Text of § 801.3
Plain-English Summary
This section maps out exactly who has to be brought into the case. The complaint must name every person known to the plaintiff who owns or claims an interest under the assessment, bond, or certificate of sale, along with the bond's payee if the bond identifies one.
It also has to name the current owner of the assessment or certificate of sale and anyone claiming an interest in it, as shown in the records kept by the treasurer, street superintendent, or other official who holds the relevant funds or issued the certificate — plus that official personally. If a claimant is known to be dead, the complaint can sue “the heirs and devisees of” that person by name; if the plaintiff only believes, on information and belief, that the person may be dead, the complaint can name both the person and, in the alternative, that person's heirs and devisees.
Frequently Asked Questions
Who must be named as a defendant under § 801.3?
All persons known to the plaintiff who own or claim an interest under the assessment, bond, or certificate of sale; the bond's payee, if any; the owner of the assessment or certificate; anyone else claiming an interest as shown by the custodian official's records; and that public official.
What if a person with a known interest has died?
The complaint may name that person's heirs and devisees, or, if the plaintiff only believes on information and belief that the person is dead, name both the person and, in the alternative, the heirs and devisees.
Amendment History
Amended by Stats. 1951, Ch. 521.