Subject to any other statute relating to the acquisition of property, any public entity authorized to acquire property for a particular use by eminent domain may also acquire such property for such use by grant, purchase, lease, gift, devise, contract, or other means.
§ 1240.130.Acquisition of Property For Particular Use By Purchase, Lease, Gift, Etc.
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 2. Rights Included in Grant of Eminent Domain Authority · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1240.130 confirms that a public entity authorized to acquire property for a particular use by eminent domain may instead acquire that same property through grant, purchase, lease, gift, devise, or contract, subject to any other statute governing how the entity acquires property.
Full Text of § 1240.130
Plain-English Summary
Eminent domain is a power, not an obligation. Section 1240.130 makes explicit what's often assumed: a public entity authorized to condemn property for a particular use can just as easily get there through ordinary transactions, including grant, purchase, lease, gift, devise, or contract.
This matters in practice because a negotiated purchase is usually faster and less adversarial than a condemnation action. Section 1240.130 removes any doubt that choosing the voluntary route waives or forfeits the condemnation authority, or that the two paths are mutually exclusive.
The section defers to any other statute governing how the entity acquires property, so entities with special acquisition procedures, competitive bidding requirements, for example, still have to follow those rules even when eminent domain remains available in the background.
Frequently Asked Questions
Does a public entity have to use eminent domain if it has the authority to condemn property?
No. Section 1240.130 confirms the entity may instead acquire the same property by grant, purchase, lease, gift, devise, or contract.
Does using a voluntary purchase give up the entity's eminent domain authority?
No, the two aren't mutually exclusive under this section.
Are there limits on using these alternative methods of acquisition?
Yes. The entity must still follow any other statute governing how it acquires property, such as procurement or bidding rules.
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: voluntary purchase instead of eminent domain californiapublic entity acquiring property by purchase california