California Code of Civil Procedure ARTICLE 2 - Resolution of Necessity

• Section 1245.210.
  As used in this article, “governing body” means:(a) In the case of a taking by a local public entity, the legislative body of the local public...
• Section 1245.220.
  A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of...
• Section 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...
• Section 1245.235.
  (a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is...
• Section 1245.240.
  Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members...
• Section 1245.245.
  (a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to...
• Section 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...
• Section 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...
• Section 1245.260.
  (a) If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six months...
• Section 1245.270.
  (a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of the...

Last modified: October 22, 2018