Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use.
§ 1245.010.Right to Enter Property to Make Photographs, Studies, Surveys, Etc.
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 1. Preliminary Location, Survey, and Tests · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1245.010 lets anyone authorized to condemn property for a particular public use enter the property beforehand to take photographs, run surveys and tests, and gather other information reasonably related to acquiring or using it for that project.
Full Text of § 1245.010
Plain-English Summary
Before a government agency ever files a condemnation lawsuit, it usually needs to know what it's dealing with — the soil, the boundaries, the condition of any structures. Section 1245.010 gives the agency (or anyone else holding eminent domain authority for a specific use) the right to walk onto private property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, and appraisals, or to do similar work tied to planning or acquiring the property.
That right isn't unconditional. It operates "subject to requirements of this article," which means the rest of Article 1 controls how and when entry happens. Section 1245.020 explains when the entering party first needs the owner's consent or a court order, and § 1245.060 makes clear the owner can be paid for any damage the entry causes.
For a property owner, this section explains why survey crews or engineers might show up before any lawsuit is even threatened. It's a preparatory step, not a taking — the entry itself doesn't transfer any interest in the land.
Frequently Asked Questions
Can a government agency enter my property before filing a condemnation case?
Yes. Section 1245.010 lets an entity with eminent domain authority for a particular use enter property to photograph, survey, test, or otherwise examine it in preparation for that use, subject to the rest of this article.
Does this kind of entry count as taking my property?
No. It's a preliminary, investigative activity. Any actual acquisition still requires a separate eminent domain proceeding under later chapters of this title.
What kinds of activities does this section allow?
Photographs, studies, surveys, examinations, tests, soundings, borings, samplings, appraisals, and similar activities reasonably related to acquiring or using the property for the planned project.
Am I entitled to anything if this kind of entry damages my property?
Yes. Section 1245.060 lets an owner recover for actual damage or substantial interference with possession or use caused by the entry and activities.
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: precondemnation entry california eminent domainright to enter property survey eminent domain california