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Code of Civil Procedure - CCP - CCP § 1240.670

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1240.670

(a) Subject to Section 1240.690, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if all of the following are established: (1) The property is owned by a nonprofit organization contributions to w

Code of Civil Procedure - CCP - CCP § 1240.680

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1240.680

(a) Subject to Sections 1240.690 and 1240.700, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if the property is appropriated to public use as any of the following: (1) A state, regional, count

Code of Civil Procedure - CCP - CCP § 1240.690

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1240.690

(a) When property described in Section 1240.670 or 1240.680 is sought to be acquired for state highway purposes, and the property was dedicated or devoted to a use described in those sections prior to the initiation of highway route location studies, an action for declaratory rel

Code of Civil Procedure - CCP - CCP § 1240.700

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1240.700

(a) When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated or devoted to regional park, recreational, or open-space purposes prior to the initiation of road, street, or highway rou

Code of Civil Procedure - CCP - CCP § 1245.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.010

Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar acti

Code of Civil Procedure - CCP - CCP § 1245.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.020

In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under Section 1245.060, before making that entry and undertaking those activities, the person shall secure at least one of the follo

Code of Civil Procedure - CCP - CCP § 1245.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.030

(a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the property as the court determines is appropriate under the circumstances of the particular case. (b) Upon such petition a

Code of Civil Procedure - CCP - CCP § 1245.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.040

(a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030. (b) If the amount required to be deposited is increased by an order of modification, the court shall specify the time within which the additional amount shall be dep

Code of Civil Procedure - CCP - CCP § 1245.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.050

(a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of the entry. The period of retention may be extended by the court for good cause. (b) The deposit shall be made in the Condem

Code of Civil Procedure - CCP - CCP § 1245.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.060

(a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a claim has been presented in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Governm

Code of Civil Procedure - CCP - CCP § 1245.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 entity. (b) In the case of a taking by the Sacramento and San Joaquin Drainage District, the Central Valley Flood Protection Board. (c)

Code of Civil Procedure - CCP - CCP § 1245.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 this article.

Code of Civil Procedure - CCP - CCP § 1245.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 proper

Code of Civil Procedure - CCP - CCP § 1245.235

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reas

Code of Civil Procedure - CCP - CCP § 1245.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 of the governing body of the public entity.

Code of Civil Procedure - CCP - CCP § 1245.245

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 this article shall only be used for the public use stated in the resolution unless the governing body of the public entity adopts a

Code of Civil Procedure - CCP - CCP § 1245.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 san

Code of Civil Procedure - CCP - CCP § 1245.255

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 proce

Code of Civil Procedure - CCP - CCP § 1245.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 after the date of adoption of the resolution, or has commenced such proceeding but has not within six months after the commenc

Code of Civil Procedure - CCP - CCP § 1245.270

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 following: (1) A member of the governing body who voted in favor of the resolution received or agreed to receive a bribe, as de

Code of Civil Procedure - CCP - CCP § 1245.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.310

As used in this article, “legislative body” means both of the following: (a) The legislative body of each city within whose boundaries property sought to be taken by the quasi-public entity by eminent domain is located. (b) If property sought to be taken by the quasi-public entit

Code of Civil Procedure - CCP - CCP § 1245.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.320

As used in this article, “quasi-public entity” means: (a) An educational institution of collegiate grade not conducted for profit that seeks to take property by eminent domain under Section 94500 of the Education Code. (b) A nonprofit hospital that seeks to take property by emine

Code of Civil Procedure - CCP - CCP § 1245.325

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.325

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

Code of Civil Procedure - CCP - CCP § 1245.326

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.326

Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 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.

Code of Civil Procedure - CCP - CCP § 1245.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.330

Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative body has adopted a resolution consenting to the acquisition of such property by eminent domain.