SECTIONS 1240.110-1240.160 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1240.110-1240.160

1240.110. (a) Except to the extent limited by statute, any person
authorized to acquire property for a particular use by eminent domain
may exercise the power of eminent domain to acquire any interest in
property necessary for that use including, but not limited to,
submerged lands, rights of any nature in water, subsurface rights,
airspace rights, flowage or flooding easements, aircraft noise or
operation easements, right of temporary occupancy, public utility
facilities and franchises, and franchises to collect tolls on a
bridge or highway.
(b) Where a statute authorizes the acquisition by eminent domain
only of specified interests in or types of property, this section
does not expand the scope of the authority so granted.

1240.120. (a) Subject to any other statute relating to the
acquisition of property, any person authorized to acquire property
for a particular use by eminent domain may exercise the power of
eminent domain to acquire property necessary to carry out and make
effective the principal purpose involved including but not limited to
property to be used for the protection or preservation of the
attractiveness, safety, and usefulness of the project.
(b) Subject to any applicable procedures governing the disposition
of property, a person may acquire property under subdivision (a)
with the intent to sell, lease, exchange, or otherwise dispose of the
property, or an interest therein, subject to such reservations or
restrictions as are necessary to protect or preserve the
attractiveness, safety, and usefulness of the project.

1240.125. Except as otherwise expressly provided by statute and
subject to any limitations imposed by statute, a local public entity
may acquire property by eminent domain outside its territorial limits
for water, gas, or electric supply purposes or for airports,
drainage or sewer purposes if it is authorized to acquire property by
eminent domain for the purposes for which the property is to be
acquired.

1240.130. Subject to any other statute relating to the acquisition
of property, any public entity authorized to acquire property for a
particular use by eminent domain may also acquire such property for
such use by grant, purchase, lease, gift, devise, contract, or other
means.

1240.140. (a) As used in this section, "public agencies" includes
all those agencies included within the definition of "public agency"
in Section 6500 of the Government Code.
(b) Two or more public agencies may enter into an agreement for
the joint exercise of their respective powers of eminent domain,
whether or not possessed in common, for the acquisition of property
as a single parcel. Such agreement shall be entered into and
performed pursuant to the provisions of Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code.

1240.150. Whenever a part of a larger parcel of property is to be
acquired by a public entity for public use and the remainder, or a
portion of the remainder, will be left in such size, shape, or
condition as to be of little value to its owner or to give rise to a
claim for severance or other damages, the public entity may acquire
the remainder, or portion of the remainder, by any means (including
eminent domain) expressly consented to by the owner.

1240.160. (a) None of the provisions of this article is intended to
limit, or shall limit, any other provision of this article, each of
which is a distinct and separate authorization.
(b) None of the provisions of Article 2 (commencing with Section
1240.110), Article 3 (commencing with Section 1240.210), Article 4
(commencing with Section 1240.310), Article 5 (commencing with
Section 1240.410), Article 6 (commencing with Section 1240.510), or
Article 7 (commencing with Section 1240.610) is intended to limit, or
shall limit, the provisions of any other of the articles, each of
which articles is a distinct and separate authorization.