(a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the property as the court determines is appropriate under the circumstances of the particular case.
§ 1245.030.Petition Seeking Entry
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 1245.030 lets a party seeking precondemnation entry petition the court for permission after giving the owner appropriate notice, requiring the court to determine the entry's purpose, the scope of activities allowed, and the probable compensation owed, then issue an order that requires depositing that amount.
Full Text of § 1245.030
(b) Upon such petition and after such notice has been given, the court shall determine the purpose for the entry, the nature and scope of the activities reasonably necessary to accomplish such purpose, and the probable amount of compensation to be paid to the owner of the property for the actual damage to the property and interference with its possession and use.
(c) After such determination, the court may issue its order permitting the entry. The order shall prescribe the purpose for the entry and the nature and scope of the activities to be undertaken and shall require the person seeking to enter to deposit with the court the probable amount of compensation.
Plain-English Summary
When an owner won't consent to precondemnation entry, this section supplies the court process that replaces consent. The entity files a petition and gives the property owner whatever prior notice the court decides fits the circumstances of the case — there's no fixed notice period, just a case-by-case judgment call.
Once notice has been given, the court doesn't rubber-stamp the request. It has to determine the purpose of the entry, the nature and scope of the activities reasonably necessary to accomplish that purpose, and the probable amount of compensation owed to the owner for actual damage and interference with possession and use.
Only after making those determinations can the court issue an order permitting entry. That order has to spell out the purpose and the scope of allowed activities, and it must require the entering party to deposit the probable compensation amount with the court before going forward — the deposit mechanic that § 1245.050 then governs.
Frequently Asked Questions
How much notice does an owner get before a court rules on an entry petition?
Whatever notice the court determines is appropriate under the circumstances of the particular case — the statute doesn't set a fixed period.
What must the court decide before letting an entity enter the property?
The purpose of the entry, the nature and scope of the activities reasonably necessary to accomplish it, and the probable compensation owed to the owner for damage or interference.
Does the entity have to pay anything before entering under a court order?
Yes. The order requires the entity to deposit the probable amount of compensation with the court.
Can the order later be changed?
Yes. Section 1245.040 lets the court modify an order made under this section after notice and a hearing.
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: petition for entry order eminent domain californiacourt ordered survey entry california property