Limits on Power in Eminent Domain

Code of Civil Procedure Part 3, Title 7, Chapter 3, Article 1 deals with general limitation on the exercise of power of eminent domain under the right to take law in California.

Section 1240.010 provides that the power of eminent domain may be exercised to acquire property only for a public use.

Section 1240.020 states that the power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the power of eminent domain to acquire such property for that use.

Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project only if all of the three specific requirements are established.

Section 1240.040 authorizes a public entity to exercise the power of eminent domain only if it has adopted a resolution of necessity that meets the requirements of law.

Section 1240.050 allows a public entity to acquire by eminent domain only property within its territorial limits, except where the power to acquire by eminent domain property outside its limits is expressly granted by statute or necessarily implied as an incident of one of its other statutory powers.

Section 1240.055 defines the following terms: “conservation easement,” “holder of a conservation easement,” and “property appropriated to public use.”

(b) A person authorized to acquire property for public use by eminent domain shall exercise the power of eminent domain to acquire property that is subject to a conservation easement only as provided in this section.