The power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the power of eminent domain to acquire such property for that use.
§ 1240.020.Exercise of Power to Acquire Property For Particular Use
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 1. General Limitations on Exercise of Power of Eminent Domain · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1240.020 limits the power of eminent domain for a particular use to whichever person a statute specifically authorizes to acquire property by eminent domain for that use, so the general public-use finding in § 1240.010 does not by itself hand condemnation authority to anyone.
Full Text of § 1240.020
Plain-English Summary
Public use alone doesn't authorize anyone to condemn property. Section 1240.020 adds the second half of the equation: the power of eminent domain for a particular use belongs only to the person a statute specifically authorizes to acquire property for that use.
"Person" here reaches beyond individuals; it typically means the public entity or agency a statute names, such as a city, a water district, or a state agency. Without that specific statutory grant, an entity can't reach for eminent domain just because the use in question happens to be public under § 1240.010.
Read together, §§ 1240.010 and 1240.020 split the eminent domain question into two separate locks: is the use public, and has this particular actor been given the key. Both have to open before a taking can proceed.
Frequently Asked Questions
Can any government agency use eminent domain for any public purpose?
No. Section 1240.020 requires that a statute specifically authorize that person or entity to acquire property by eminent domain for the particular use in question.
What's the difference between § 1240.010 and § 1240.020?
Section 1240.010 asks whether the use itself is public. Section 1240.020 asks whether this specific actor has been given statutory authority to condemn property for that use.
Does "person" in this section include government agencies?
Yes. Statutes authorizing eminent domain typically name public entities and agencies as the persons entitled to exercise the power for a given use.
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: who can exercise eminent domain californiastatutory authority to condemn property california