Court Opinions

State Laws

US Code

US Constitution

California Code of Civil Procedure Section 1245.250

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1245.250

1245.250.  (a) Except as otherwise provided by statute, a resolution
of necessity adopted by the governing body of the public entity
pursuant to this article conclusively establishes the matters
referred to in Section 1240.030.
   (b) If the taking is by a local public entity, other than a
sanitary district exercising the powers of a county water district
pursuant to Section 6512.7 of the Health and Safety Code, and the
property is electric, gas, or water public utility property, the
resolution of necessity creates a rebuttable presumption that the
matters referred to in Section 1240.030 are true. This presumption is
a presumption affecting the burden of proof.
   (c) If the taking is by a local public entity and the property
described in the resolution is not located entirely within the
boundaries of the local public entity, the resolution of necessity
creates a presumption that the matters referred to in Section
1240.030 are true. This presumption is a presumption affecting the
burden of producing evidence.
   (d) For the purposes of subdivision (b), a taking by the State
Reclamation Board for the Sacramento and San Joaquin Drainage
District is not a taking by a local public entity.

Last modified: February 22, 2013