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California Code of Civil Procedure Section 1245.255

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1245.255

1245.255.  (a) A person having an interest in the property described
in a resolution of necessity adopted by the governing body of the
public entity pursuant to this article may obtain judicial review of
the validity of the resolution:
   (1) Before the commencement of the eminent domain proceeding, by
petition for a writ of mandate pursuant to Section 1085. The court
having jurisdiction of the writ of mandate action, upon motion of any
party, shall order the writ of mandate action dismissed without
prejudice upon commencement of the eminent domain proceeding unless
the court determines that dismissal will not be in the interest of
justice.
   (2) After the commencement of the eminent domain proceeding, by
objection to the right to take pursuant to this title.
   (b) A resolution of necessity does not have the effect prescribed
in Section 1245.250 to the extent that its adoption or contents were
influenced or affected by gross abuse of discretion by the governing
body.
   (c) Nothing in this section precludes a public entity from
rescinding a resolution of necessity and adopting a new resolution as
to the same property subject, after the commencement of an eminent
domain proceeding, to the same consequences as a conditional
dismissal of the proceeding under Section 1260.120.

Last modified: February 22, 2013