SECTIONS 1000-1002 - California Statutes

CIVIL CODE

SECTION 1000-1002

1000. Property is acquired by:
1. Occupancy;
2. Accession;
3. Transfer;
4. Will; or,
5. Succession.

1001. (a) As used in this section, "utility service" means water,
gas, electric, drainage, sewer, or telephone service.
(b) Any owner of real property may acquire by eminent domain an
appurtenant easement to provide utility service to the owner's
property.
(c) In lieu of the requirements of Section 1240.030 of the Code of
Civil Procedure, the power of eminent domain may be exercised to
acquire an appurtenant easement under this section only if all of the
following are established:
(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.

1002. (a) Subject to the provisions of Article 3 (commencing with
Section 1245.310) of Chapter 4 of Title 7 of Part 3 of the Code of
Civil Procedure, the power of eminent domain may be exercised by an
owner of real property to acquire a temporary right to enter upon
adjacent or nearby property to repair or reconstruct land or
improvements, if all of the following conditions are established or
met:
(1) There is a necessity to do the repair or reconstruction work
and there is a great necessity to enter upon the adjacent or nearby
property to do the repair or reconstruction work because (A) the
repair or reconstruction work cannot be done safely without entry, or
the cost of performing the repair or reconstruction work without
entry would be substantially higher; and (B) the property without
repair or reconstruction adversely affects the surrounding community.
(2) The right to enter upon the adjacent or nearby land will be
exercised in a manner which provides the least damage to the property
and the least inconvenience or annoyance to the occupants or owners
thereof consistent with satisfactory completion of the repair or
reconstruction work.
(3) The hardship to the person seeking to exercise the power of
eminent domain, if that power is not exercised, clearly outweighs any
hardship to the owner or occupant of the adjacent or nearby
property.
(b) No entry shall be made upon the property to be condemned until
an eminent domain proceeding has been commenced and then only after
a court order permitting entry is issued or after judgment is entered
for the plaintiff.
A deposit of security, in the form of cash or a bond, shall be
made to the court in an amount the court determines is necessary to
permit the owner of the adjacent or nearby property to restore the
property to the condition it was in prior to the entry, if the person
exercising the power of eminent domain does not do so within a
reasonable period of time as determined by the court.
(c) The court may order the person acquiring the temporary right
to enter the land of another, pursuant to this section, to pay the
owner of the land subject to that temporary right a reasonable amount
of rent for the use of the land.
(d) "Adjacent" or "nearby" for purposes of this section shall mean
land contiguous with the property needing repair or reconstruction,
or land through which the party granted temporary access must pass to
reach adjacent land.
(e) The provisions of this section shall not apply to the
temporary entry upon lands used primarily for the commercial
production of agricultural commodities and forest products.