SECTIONS 1245.310-1245.390 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1245.310-1245.390

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 taken by the quasi-public entity by eminent
domain is located.
(b) If property sought to be taken by the quasi-public entity is
not located within city boundaries, the legislative body of each
county within whose boundaries such property is located.

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 by eminent domain under
Section 94500 of the Education Code.
(b) A nonprofit hospital that seeks to take property by eminent
domain under Section 1260 of the Health and Safety Code.
(c) A cemetery authority that seeks to take property by eminent
domain under Section 8501 of the Health and Safety Code.
(d) A limited-dividend housing corporation that seeks to take
property by eminent domain under Section 34874 of the Health and
Safety Code.
(e) A land-chest corporation that seeks to take property by
eminent domain under former Section 35167 of the Health and Safety
Code.
(f) A mutual water company that seeks to take property by eminent
domain under Section 2729 of the Public Utilities Code.

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 to exercise the power of eminent domain
shall be deemed to be a "quasi-public entity" for the purposes of
this article.
(b) In lieu of the requirements of subdivision (c) of Section
1245.340, the resolution required by this article shall contain a
declaration that the legislative body has found and determined each
of the following:
(1) There is a great necessity for the taking.
(2) The location of the easement affords the most reasonable
service to the property to which it is appurtenant, consistent with
the least damage to the burdened property.
(3) The hardship to the owner of the appurtenant property, if the
taking is not permitted, clearly outweighs any hardship to the owner
of the burdened property.

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 seeking to exercise the power of eminent domain
shall be deemed to be a "quasi-public entity" for the purposes of
this article.
(b) In lieu of the requirements of subdivision (c) of Section
1245.340, the resolution required by this article shall contain a
declaration that the legislative body has found and determined that
each of the conditions required by Section 1002 of the Civil Code
appears to exist.

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 body has adopted a
resolution consenting to the acquisition of such property by eminent
domain.

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 a reference to the statute that authorizes the
quasi-public entity to acquire the property by eminent domain.
(b) A description of the general location and extent of the
property to be taken, with sufficient detail for reasonable
identification.
(c) A declaration that the legislative body has found and
determined each of the following:
(1) The public interest and necessity require the proposed
project.
(2) The proposed project is planned or located in the manner that
will be most compatible with the greatest good and least private
injury.
(3) The property described in the resolution is necessary for the
proposed project.
(4) The hardship to the quasi-public entity if the acquisition of
the property by eminent domain is not permitted outweighs any
hardship to the owners of such property.

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 after the legislative body
has held a hearing at which persons whose property is to be acquired
by eminent domain have had a reasonable opportunity to appear and be
heard.
(b) Notice of the hearing shall be sent by first-class mail to
each person whose property is to be acquired by eminent domain if the
name and address of the person appears on the last equalized county
assessment roll (including the roll of state-assessed property). The
notice shall state the time, place, and subject of the hearing and
shall be mailed at least 15 days prior to the date of the hearing.

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 legislative body may require that such
costs be secured by payment or deposit or other satisfactory security
in advance of any action by the legislative body under this article.

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 satisfying the requirements of Section
1240.030 or any other requirements imposed by law.

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 the project for which it is
acquired.