Whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape, or condition as to be of little value to its owner or to give rise to a claim for severance or other damages, the public entity may acquire the remainder, or portion of the remainder, by any means (including eminent domain) expressly consented to by the owner.
§ 1240.150.Acquisition of Remainder of Property
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 1240.150 lets a public entity taking part of a larger parcel also acquire the remainder, or a portion of it, when the leftover land would be of little value to the owner or would create a severance-damage claim, but only through a means the owner has expressly consented to.
Full Text of § 1240.150
Plain-English Summary
Taking part of a property sometimes leaves the rest in worse shape than before, too small, oddly shaped, or cut off in a way that leaves it barely usable. Section 1240.150 lets a public entity address that fallout by acquiring the remainder, or the affected portion of it, alongside the part it needed for its project.
The trigger is either of two conditions: the remainder would be left in a size, shape, or condition of little value to its owner, or it would give rise to a claim for severance or other damages. Either one opens the door.
What distinguishes this section from Article 5's excess condemnation is consent. Section 1240.150 requires the acquisition to happen by a means the owner has expressly consented to, including eminent domain. Section 1240.410's remnant provision, by contrast, lets a public entity condemn a genuine remnant without the owner's consent, subject to its own separate conditions. An owner who doesn't want to sell the remainder under this section can decline, leaving the remnant issue to be handled, if at all, through the excess-condemnation route instead.
Frequently Asked Questions
Can a public entity take the leftover part of a property without the owner's agreement?
Not under § 1240.150; this section requires the owner's express consent to the means of acquisition, including eminent domain.
What triggers this section?
Either the remainder would be left in a size, shape, or condition of little value to its owner, or it would give rise to a severance-damage claim.
How is this different from excess condemnation of a remnant under § 1240.410?
Section 1240.410 lets a public entity condemn a true remnant without the owner's consent, subject to its own conditions; § 1240.150 requires the owner to expressly agree to the acquisition.
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: acquiring remainder of property eminent domain californiaseverance damage remainder property california