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California Code of Civil Procedure Section 1245.230

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1245.230

1245.230.  In addition to other requirements imposed by law, the
resolution of necessity 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
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 governing body of the public entity 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 public good and the least
private injury.
   (3) The property described in the resolution is necessary for the
proposed project.
   (4) That either the offer required by Section 7267.2 of the
Government Code has been made to the owner or owners of record, or
the offer has not been made because the owner cannot be located with
reasonable diligence.
   If at the time the governing body of a public entity is requested
to adopt a resolution of necessity and the project for which the
property is needed has been determined by the public entity to be an
emergency project, which project is necessary either to protect or
preserve health, safety, welfare, or property, the requirements of
Section 7267.2 of the Government Code need not be a prerequisite to
the adoption of an authorizing resolution at the time. However, in
those cases the provisions of Section 7267.2 of the Government Code
shall be implemented by the public entity within a reasonable time
thereafter but in any event, not later than 90 days after adoption of
the resolution of necessity.

Last modified: February 22, 2013