How Property May Be Acquired Under California Law

California’s Civil Code, Division 2, Part 4, Title 1, provides for the different modes in which property may be acquired in this state. Section 1000 specifies that property is acquired by occupancy, accession, transfer, will, or succession.

Section 1001 defines the term “utility service” and allows any owner of real property to acquire by eminent domain an appurtenant easement to provide utility service to the owner’s property. The power of eminent domain may be exercised to acquire an appurtenant easement under this section only if all three specified conditions are established.

Section 1002 provides that the power of eminent domain may be exercised by an owner of real property to acquire a temporary right to enter upon adjacent or nearby property to repair or reconstruct land or improvements, if all of the three specified conditions are established.

In addition, no entry can be made upon the property to be condemned until an eminent domain proceeding has been commenced and then only after a court order permitting entry is issued or after judgment is entered for the plaintiff. A deposit of security, in the form of cash or a bond, is to be made to the court in an amount the court determines is necessary to permit the owner of the adjacent or nearby property to restore the property to the condition it was in prior to the entry, if the person exercising the power of eminent domain does not do so within a reasonable period of time as determined by the court.

The terms “adjacent” and “nearby” are defined. The provisions of this section do not apply to the temporary entry upon lands used primarily for the commercial production of agricultural commodities and forest products.