Title 7: Eminent Domain Law | Chapter 4: Precondemnation Activities | Article 2: Resolution of Necessity
California Code of Civil Procedure – 2026
§ 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…
§ 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 requiremen…
§ 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 publi…
§ 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 …
§ 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 th…
§ 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 con…
§ 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 …
§ 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 mon…
§ 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 t…