(a) As used in this section, "public agencies" includes all those agencies included within the definition of "public agency" in Section 6500 of the Government Code.
§ 1240.140.Agreement For Joint Exercise of Power By Two Or More Public Agencies
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 1240.140 lets two or more public agencies, as defined by Government Code § 6500, jointly exercise their eminent domain powers, whether or not those powers overlap, to acquire a single parcel of property as one combined undertaking under the Government Code's joint-powers statute.
Full Text of § 1240.140
(b) Two or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel. Such agreement shall be entered into and performed pursuant to the provisions of Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
Plain-English Summary
Some projects belong to more than one public agency at once, such as a joint water project or a shared transportation corridor. Section 1240.140 lets two or more public agencies enter into an agreement to jointly exercise their respective eminent domain powers so they can acquire a single parcel together, and it doesn't matter whether each agency's underlying power is identical.
The mechanism for that joint agreement isn't invented here. It borrows Government Code § 6500's Joint Exercise of Powers Act, which governs how agreements between public agencies get entered into and carried out generally. "Public agencies" for this purpose carries the same broad meaning § 6500 already gives it.
By routing joint condemnation through an established statutory framework, this section avoids the need for a separate, bespoke agreement structure every time multiple agencies want to condemn property together for a shared use.
Frequently Asked Questions
Can two different public agencies jointly condemn a single piece of property?
Yes. Section 1240.140 lets them enter into an agreement for the joint exercise of their eminent domain powers to acquire property as a single parcel.
Do the agencies need identical eminent domain powers to do this?
No. The joint exercise applies whether or not the powers are possessed in common.
What law governs how this joint agreement is formed?
Government Code § 6500's Joint Exercise of Powers Act, referenced in § 1240.140(b).
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: joint powers agreement eminent domain californiamultiple public agencies condemning property together