CHAPTER 4. Precondemnation Activities [1245.010. - 1245.390.]

Chapter 4 added by Stats. 1975, Ch. 1275.

§§ 1245.010–1245.390 · 27 sections

1. ARTICLE 1. Preliminary Location, Survey, and Tests §§ 1245.010–1245.060 · 6 sections

   • § 1245.010 Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make…
   • § 1245.020 In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under…
   • § 1245.030 (a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the…
   • § 1245.040 (a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030. (b) If the amount required to be deposited…
   • § 1245.050 (a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of…
   • § 1245.060 (a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a…
2. ARTICLE 2. Resolution of Necessity §§ 1245.210–1245.270 · 10 sections

   • § 1245.210 As used in this article, “governing body” means: (a) In the case of a taking by a local public entity, the legislative body of the local public entity. (b) In…
   • § 1245.220 A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of…
   • § 1245.230 In addition to other requirements imposed by law, the resolution of necessity shall contain all of the following: (a) A general statement of the public use for…
   • § 1245.235 (a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be…
   • § 1245.240 Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members of the…
   • § 1245.245 (a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this…
   • § 1245.250 (a) Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively…
   • § 1245.255 (a) A person having an interest in the property described in a resolution of necessity adopted by the governing body of the public entity pursuant to this…
   • § 1245.260 (a) If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six months after…
   • § 1245.270 (a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of the…
3. ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity §§ 1245.310–1245.390 · 11 sections

   • § 1245.310 As used in this article, “legislative body” means both of the following: (a) The legislative body of each city within whose boundaries property sought to be…
   • § 1245.320 As used in this article, “quasi-public entity” means: (a) An educational institution of collegiate grade not conducted for profit that seeks to take property…
   • § 1245.325 Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code: (a) The person seeking…
   • § 1245.326 Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code: (a) The person…
   • § 1245.330 Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative…
   • § 1245.340 The resolution required by this article shall contain all of the following: (a) A general statement of the public use for which the property is to be taken and…
   • § 1245.350 (a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only…
   • § 1245.360 The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body.
   • § 1245.370 The legislative body may require that the quasi-public entity pay all of the costs reasonably incurred by the legislative body under this article. The…
   • § 1245.380 The requirement of this article is in addition to any other requirements imposed by law. Nothing in this article relieves the quasi-public entity from…
   • § 1245.390 The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of the property or by…