2019 California Code
Code of Civil Procedure - CCP
PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE
TITLE 7 - EMINENT DOMAIN LAW
CHAPTER 4 - Precondemnation Activities
ARTICLE 2 - Resolution of Necessity
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 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.
(Amended by Stats. 1983, Ch. 1079, Sec. 1.)
