§ 1235.210.Statute
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
Full Text of § 1235.210
Plain-English Summary
This definition draws a careful line for a term that does real work elsewhere in the title, particularly in § 1230.020's rule that the power of eminent domain may be exercised only as this title provides, except as otherwise specifically provided by statute. "Statute" means a constitutional provision or statute -- but the definition specifically excludes a charter provision or ordinance.
The exclusion means a charter city's own charter provision, or a local ordinance, can't itself create the kind of "specifically provided by statute" exception § 1230.020 allows. Only a constitutional provision or a statute enacted by the Legislature can supply that exception -- local legislative action, however formal, doesn't qualify as a "statute" under this title's own vocabulary.
Frequently Asked Questions
Does a city charter provision count as a "statute" under this title?
No. Section 1235.210 expressly excludes a charter provision from the definition of "statute."
Does a local ordinance count as a "statute"?
No, ordinances are excluded from this definition as well, alongside charter provisions.
Why does the exclusion of ordinances and charter provisions matter?
Because § 1230.020 allows the Eminent Domain Law's procedures to be displaced only where another provision is "specifically provided by statute" -- and under this definition, a charter provision or ordinance can't supply that exception.
Amendment History
Added by Stats. 1975, Ch. 1275.