SECTIONS 1240.010-1240.050 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1240.010-1240.050

1240.010. The power of eminent domain may be exercised to acquire
property only for a public use. Where the Legislature provides by
statute that a use, purpose, object, or function is one for which the
power of eminent domain may be exercised, such action is deemed to
be a declaration by the Legislature that such use, purpose, object,
or function is a public use.

1240.020. The power of eminent domain may be exercised to acquire
property for a particular use only by a person authorized by statute
to exercise the power of eminent domain to acquire such property for
that use.

1240.030. The power of eminent domain may be exercised to acquire
property for a proposed project only if all of the following are
established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be
most compatible with the greatest public good and the least private
injury.
(c) The property sought to be acquired is necessary for the
project.

1240.040. A public entity may exercise the power of eminent domain
only if it has adopted a resolution of necessity that meets the
requirements of Article 2 (commencing with Section 1245.210) of
Chapter 4.

1240.050. A local public entity may acquire by eminent domain only
property within its territorial limits except where the power to
acquire by eminent domain property outside its limits is expressly
granted by statute or necessarily implied as an incident of one of
its other statutory powers.