Nothing in this title requires that the power of eminent domain be exercised to acquire property necessary for public use. Whether property necessary for public use is to be acquired by purchase or other means or by eminent domain is a decision left to the discretion of the person authorized to acquire the property.
§ 1230.030.Exercise of Power Not Required By Title; Discretion of Person Authorized to Acquire Property
Title 7. Eminent Domain Law · Chapter 1. General Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1230.030 confirms that nothing in the Eminent Domain Law forces a public entity or other authorized condemnor to use eminent domain, leaving the choice between condemnation and other means such as purchase entirely to that entity's own discretion.
Full Text of § 1230.030
Plain-English Summary
Having the power to condemn property is not the same as being required to use it. Section 1230.030 says so directly: nothing in this title obligates anyone to exercise eminent domain to get property needed for a public use.
The choice of method -- buy the property on the open market, negotiate a voluntary sale, or go through a formal condemnation proceeding -- belongs to whoever is authorized to acquire the property. That discretion sits with the acquiring entity, not with a court or with the property owner. A landowner facing a public project can't force a public entity to condemn rather than negotiate, and a public entity that would rather negotiate a purchase has no obligation to invoke this title's machinery instead.
Frequently Asked Questions
Can a property owner insist that a public entity use formal condemnation instead of negotiating a purchase?
No. Section 1230.030 leaves the choice of acquisition method to the entity authorized to acquire the property.
Does having authority to condemn property mean a public entity must condemn it?
No. The Eminent Domain Law never requires that property necessary for public use be acquired through eminent domain rather than purchase or another means.
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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