As used in this article, "governing body" means:
§ 1245.210."Governing Body" Defined
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 2. Resolution of Necessity · Last amended 2023 · Last verified July 29, 2026
In one sentenceSection 1245.210 defines "governing body" for the resolution-of-necessity article, matching each type of condemning public entity — cities, counties, drainage districts, state boards, and specific agencies like Caltrans, the Department of Water Resources, and the University of California — to the specific body that must adopt the resolution.
Full Text of § 1245.210
(a) In the case of a taking by a local public entity, the legislative body of the local public entity.
(b) In the case of a taking by the Sacramento and San Joaquin Drainage District, the Central Valley Flood Protection Board.
(c) In the case of a taking by the State Public Works Board pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), the State Public Works Board.
(d) In the case of a taking by the Department of Fish and Wildlife pursuant to Section 1348 of the Fish and Game Code, the Wildlife Conservation Board.
(e) In the case of a taking by the Department of Transportation (other than a taking pursuant to Section 21633 of the Public Utilities Code or Section 30100 of the Streets and Highways Code), the California Transportation Commission.
(f) In the case of a taking by the Department of Transportation pursuant to Section 21633 of the Public Utilities Code, the California Transportation Commission.
(g) In the case of a taking by the Department of Transportation pursuant to Section 30100 of the Streets and Highways Code, the California Transportation Commission.
(h) In the case of a taking by the Department of Water Resources, the California Water Commission.
(i) In the case of a taking by the University of California, the Regents of the University of California.
(j) In the case of a taking by the State Lands Commission, the State Lands Commission.
(k) In the case of a taking by the college named in Section 92200 of the Education Code, the board of directors of that college.
(l) In the case of a taking by the High-Speed Rail Authority, the State Public Works Board.
Plain-English Summary
Article 2 requires a "governing body" to adopt a resolution of necessity before condemnation can proceed, and this section pins down exactly who that is for each kind of condemning entity. For an ordinary local public entity, it's that entity's own legislative body — a city council or county board of supervisors, for example.
But several state and specialized entities don't condemn through their own legislative body. The Sacramento and San Joaquin Drainage District's resolutions go through the Central Valley Flood Protection Board. The State Public Works Board acts for takings under the Property Acquisition Law and for the High-Speed Rail Authority. The Wildlife Conservation Board stands in for the Department of Fish and Wildlife, the California Transportation Commission for the Department of Transportation across several statutory takings, the California Water Commission for the Department of Water Resources, the Regents for the University of California, the State Lands Commission for its own takings, and a named college's board of directors for that college.
None of this changes what the resolution has to say — § 1245.230 governs that. It just answers a threshold question: whose vote counts.
Frequently Asked Questions
Who adopts a resolution of necessity for a typical city or county project?
The legislative body of that local public entity — for example, a city council or county board of supervisors.
Does the University of California follow the same rule?
No. For a taking by the University of California, the "governing body" is the Regents of the University of California.
Why does this section list so many different state boards and commissions?
Because several state and specialized agencies that hold eminent domain power don't have their own legislative body, so this section designates a separate board or commission to perform that function for each one.
Amendment History
Amended by Stats 2022 ch 478 (AB 1936),s 3, eff. 1/1/2023. Amended by Stats 2018 ch 790 (SB 1172),s 1, eff. 1/1/2019.
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: governing body resolution of necessity californiawho adopts resolution of necessity eminent domain