A local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property outside its limits is expressly granted by statute or necessarily implied as an incident of one of its other statutory powers.
§ 1240.050.Acquisition of Property Within Territorial Limits, Exception
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 1240.050 restricts a local public entity to acquiring property by eminent domain within its own territorial limits, unless a statute expressly grants authority to acquire property outside those limits or such authority is necessarily implied from one of the entity's other statutory powers.
Full Text of § 1240.050
Plain-English Summary
Local public entities, including cities, counties, and districts, don't automatically get to condemn property wherever their projects might reach. Section 1240.050 keeps them inside their own territorial limits unless a statute says otherwise.
Two paths open the door to extraterritorial condemnation. A statute might expressly grant the authority to acquire property outside the entity's limits. Or the authority might be necessarily implied as an incident of some other power the statute grants, for example a power to build and operate a water system that could not function without reaching land beyond the entity's borders.
Section 1240.125 illustrates the express-grant path for water, gas, electric, airport, drainage, and sewer purposes. Without a comparable grant, an entity's eminent domain power stops at its own boundary line.
Frequently Asked Questions
Can a city use eminent domain to take property in a neighboring city?
Only if a statute expressly authorizes acquiring property outside its territorial limits, or such authority is necessarily implied from one of its other statutory powers.
What does "necessarily implied" mean here?
It means the extraterritorial authority follows from another power the statute grants, for instance a power to operate infrastructure that could not function within the entity's boundaries alone.
Does § 1240.125 provide one of these express grants?
Yes, for water, gas, or electric supply, airports, and drainage or sewer purposes, subject to its own conditions.
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: extraterritorial eminent domain californiaterritorial limits local public entity condemnation