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§ 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

In one sentenceSection 1235.210 defines "statute" as a constitutional provision or a statute, expressly excluding a charter provision or an ordinance from that term wherever it appears in the Eminent Domain Law.

Full Text of § 1235.210

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"Statute" means a constitutional provision or statute, but does not include a charter provision or ordinance.

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.

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: definition of statute eminent domain californiacharter provision ordinance eminent domain law