(a) Whenever a public entity acquires property for a public use and exercises or could have exercised the power of eminent domain to acquire such property for such use, the public entity may exercise the power of eminent domain to acquire such additional property as appears reasonably necessary and appropriate (after taking into account any hardship to the owner of the additional property) to provide utility service to, or access to a public road from, any property that is not acquired for such public use but which is cut off from utility service or access to a public road as a result of the acquisition by the public entity.
§ 1240.350.Acquisition of Additional Property As Appears Necessary
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 4. Substitute Condemnation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1240.350 lets a public entity that has taken property for a public use also condemn additional property reasonably necessary to restore utility service or road access to other property left cut off by the original taking, after weighing any hardship the additional taking would cause its owner.
Full Text of § 1240.350
(b) Where property is sought to be acquired pursuant to this section, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to this section and shall include a statement that the property is necessary for the purpose specified in this section. The determination in the resolution that the taking of the substitute property is necessary has the effect prescribed in Section 1245.250.
Plain-English Summary
Taking property for a project can strand a neighboring parcel, cutting it off from utility lines or from road access it once had. Section 1240.350 lets the public entity responsible for that fallout condemn whatever additional property is reasonably necessary and appropriate to restore utility service or public-road access to the property left stranded.
The entity has to weigh the hardship this additional taking would cause the owner of that additional property before proceeding; the statute expressly builds that consideration into what counts as reasonably necessary and appropriate. This section applies whether the entity already exercised eminent domain for the original taking or could have, so it isn't limited to takings carried out by condemnation alone.
As with the other Article 4 provisions, the resolution of necessity and complaint must specifically reference § 1240.350 and state that the property is necessary for this purpose, again carrying the evidentiary effect described in § 1245.250.
Frequently Asked Questions
What problem does § 1240.350 address?
Property that becomes cut off from utility service or road access because a public entity acquired neighboring property for a public use.
What must the public entity consider before condemning this additional property?
Any hardship the additional taking would cause the owner of that additional property, which factors into whether the taking is reasonably necessary and appropriate.
Does this section apply only when the original acquisition happened through eminent domain?
No. It applies whether the public entity exercised eminent domain for the original acquisition or merely could have.
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: restoring access after eminent domain californiacut off property utility access condemnation