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§ 1230.020.Generally

Title 7. Eminent Domain Law · Chapter 1. General Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1230.020 makes the Eminent Domain Law the exclusive source of authority for exercising the power of eminent domain in California, unless some other statute specifically provides a different way to exercise that power.

Full Text of § 1230.020

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Except as otherwise specifically provided by statute, the power of eminent domain may be exercised only as provided in this title.

Plain-English Summary

This section sets the default rule for the entire title: unless some other statute specifically says otherwise, any public entity or person exercising the power of eminent domain in California has to follow the procedures set out in this title. It's the provision that makes the Eminent Domain Law the governing framework rather than one option among several.

The "except as otherwise specifically provided by statute" clause leaves room for narrower statutes elsewhere in California law -- in the Education Code, Health and Safety Code, Public Utilities Code, and similar sources -- that authorize particular entities to condemn property for particular purposes. Those grants of authority still have to say so specifically; a general reference to acquiring property somewhere else in the codes doesn't create an exception to this title's procedures.

Section 1230.030, right after this one, makes clear that having the power doesn't mean having to use it -- a public entity can always choose purchase or negotiation instead.

Frequently Asked Questions

Does every California statute authorizing condemnation have to follow the Eminent Domain Law's procedures?

Yes, unless another statute specifically provides otherwise. Section 1230.020 makes this title the default and exclusive procedure for exercising eminent domain.

What kind of statute can create an exception to this title?

One that specifically provides a different procedure for exercising the power of eminent domain -- a general grant of authority to acquire property isn't enough on its own.

Does § 1230.020 itself grant anyone the power to condemn property?

No. This section only governs how the power is exercised once some other law confers it; the authority to condemn for a particular purpose comes from separate statutes.

Amendment History

Added by Stats. 1975, Ch. 1275.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
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