Rights in Eminent Domain Authority

Code of Civil Procedure Part 3, Title 7, Chapter 3, Article 2 deals with rights that are included in a grant of eminent domain authority under the right to take law in this state.

Section 1240.110 provides that any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire any interest in property necessary for that use.

Section 1240.120 states that any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property necessary to carry out and make effective the principal purpose involved including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the project.

Section 1240.125 allows a local public agency to acquire property by eminent domain outside its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes if it is authorized to acquire property by eminent domain for the purposes for which the property is to be acquired.

Section 1240.130 sys that any public entity authorized to acquire property for a particular use by eminent domain may also acquire the property for use by grant, purchase, lease, gift, devise, contract, or other means.

Section 1240.140 defines the term “public agencies.”

Section 1240.150 states that, whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape, or condition as to be of little value to its owner or to give rise to a claim for severance or other damages, the public entity may acquire the remainder, or portion of the remainder, by any means (including eminent domain) expressly consented to by the owner.

Section 1240.160 explains that none of the provisions of this article is intended to limit, or shall limit, any other provision of this article, each of which is a distinct and separate authorization.