ARTICLE 2. Resolution of Necessity

Article 2 added by Stats. 1975, Ch. 1275.

§§ 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…