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§ 1235.195.Resolution

Title 7. Eminent Domain Law · Chapter 2. Principles of Construction; Definitions · Article 2. Words and Phrases Defined · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1235.195 defines "resolution" to include "ordinance," so that wherever this title requires or refers to a resolution, an ordinance adopted for the same purpose satisfies that requirement as well.

Full Text of § 1235.195

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"Resolution" includes ordinance.

Plain-English Summary

Some public entities act through resolutions, while others -- particularly charter cities and counties -- act through ordinances for comparable purposes. Rather than force every provision in this title to say "resolution or ordinance" each time, § 1235.195 folds the two together: "resolution" includes ordinance.

This matters most for the resolution of necessity that a public entity typically must adopt before commencing a condemnation action under the Right to Take chapter. A governing body that proceeds by ordinance rather than resolution to make that necessity finding satisfies this title's resolution requirements just the same.

Frequently Asked Questions

Does a public entity have to use the word "resolution" to satisfy this title's requirements?

No. Section 1235.195 defines "resolution" to include "ordinance," so an ordinance serving the same function satisfies the requirement.

Why would this distinction matter for adopting a resolution of necessity?

Because some governing bodies act by ordinance rather than resolution, and this definition makes sure that choice of form doesn't create a gap in compliance with this title.

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
Also known as: resolution includes ordinance eminent domain california