Also known as: notices by publication · notice-by-publication · service by publication · constructive notice
Written by attorneys · grounded in primary & secondary sources — see below
A method of legal notification effected by publishing an announcement in a newspaper or other periodical of general circulation. The method supplies constructive notice when the identities or addresses of interested persons are unknown or cannot be discovered with reasonable diligence. Due process permits its use only when no better means are practicable under the circumstances.
Nalini Narula purchased a parcel after searching the recorded chain of title. An earlier conveyance to a stranger whose address could not be discovered had gone unrecorded. The court authorized notice by publication in the county newspaper, supplying constructive notice because the stranger's identity and location were unknown despite reasonable diligence.
Noreen Nguyen bought land relying on the recorded deeds in her grantor's chain. An easement benefiting a neighboring parcel belonged to a third party whose address was unknown. The court authorized notice by publication in the county newspaper, supplying constructive notice because the third party's identity could not be ascertained with reasonable diligence.
Select any source to read its text and confirm it supports the definition.
Nathaniel Newman held a mineral interest that lapsed under state law for nonuse. The state published notice of the lapse in a local newspaper before the interest reverted. Publication satisfied due process because Newman's identity and address were unknown to the state.
Nicole Navarro served as executor and published notice to creditors in the local paper. A hospital creditor whose address appeared in the decedent's medical records received no mailed notice. Publication alone failed to satisfy due process for that reasonably ascertainable creditor.
Nicholas Nunez served as trustee of a common trust fund and published notice of the judicial settlement in a newspaper. The trustee possessed the names and addresses of many income beneficiaries. Publication alone was constitutionally insufficient for those known beneficiaries.
Natasha Nielsen attached shares of stock located in the forum state to obtain jurisdiction over a nonresident defendant. The court authorized notice by publication in a local newspaper. Publication failed to satisfy due process because the defendant's identity and address were known.
Due process permits publication when the identities or addresses of interested persons are unknown and cannot be discovered with reasonable diligence. When names and addresses are known or reasonably ascertainable, direct notice such as mail is required instead.
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No. When a creditor's identity and address are reasonably ascertainable from estate records, due process requires actual notice by mail or equivalent means. Publication is constitutionally insufficient for such creditors.
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The method must be reasonably calculated under all circumstances to apprise interested parties of the proceeding. Publication meets this standard only when better methods are impracticable because the persons are unknown or unlocatable.
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Yes. Recording acts treat publication through the public records as constructive notice to subsequent purchasers of interests appearing in the chain of title. Instruments recorded outside the chain do not supply such notice.
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…Mitchell. At the time of Mitchell's suit in an Oregon State court, Neff was a nonresident of Oregon. An Oregon statute allowed service by publication on nonresidents who had property in the State, and Mitchell had used that procedure to bring Neff before the court. The United States Circuit Court for the District of Oregon, in which Neff…