§ 1245.020.Duty to Secure Consent Before Entry

Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 1. Preliminary Location, Survey, and Tests · Last amended 2022 · Last verified July 29, 2026

In one sentenceSection 1245.020 requires anyone whose precondemnation entry and activities would expose them to liability under § 1245.060 to first obtain either the property owner's written consent or a court order authorizing entry under § 1245.030.

Full Text of § 1245.020

Text sizeJump to: (a) (b)

In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under Section 1245.060, before making that entry and undertaking those activities, the person shall secure at least one of the following:

(a) The written consent of the owner to enter upon the owner's property and to undertake those activities.

(b) An order for entry from the superior court in accordance with Section 1245. 030.

Plain-English Summary

Not every precondemnation visit needs a green light in advance. This section only kicks in when the entry and activities described in § 1245.010 would expose the entering party to liability for damage or interference under § 1245.060 — in other words, when the planned work carries some real risk of harming the property or disrupting its use.

When that's the case, the entity has two options before setting foot on the land: get the owner's written consent to enter and do the work, or petition the superior court for an entry order under § 1245.030. Either route has to happen before the entry, not after.

This is the section that gives property owners real leverage. An owner who refuses consent forces the agency into court, where a judge — not the agency itself — decides what work is reasonable and how much should be deposited to cover potential damage.

Frequently Asked Questions

Does a government agency always need my permission before entering my land to survey it?

Only entry that could expose the entering party to liability under § 1245.060 triggers this requirement. When it applies, the agency needs either the owner's written consent or a court order under § 1245.030.

What if I refuse to give written consent?

The entity can petition the superior court under § 1245.030 for an order permitting the entry, after giving the owner whatever notice the court finds appropriate.

Is oral consent enough?

No. Section 1245.020(a) specifically requires the owner's written consent.

Amendment History

Amended by Stats 2021 ch 401 (AB 1578),s 3, eff. 1/1/2022. 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

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