Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 1245.325 — Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity

Cal. Civ. Proc. Code § 1245.325

Type: Statute
Source: California Code of Civil Procedure
Jurisdiction: California
Current through: Nov 2, 2026 (California Legislative Counsel)

Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code:

Citator

Cal. Civ. Proc. Code § 1245.325 — Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity is in force in the current edition of the Code, and nothing recorded condemns it.

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.