A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of this article.
§ 1245.220.Adoption of Resolution Required
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 2. Resolution of Necessity · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1245.220 bars a public entity from commencing an eminent domain proceeding until its governing body has adopted a resolution of necessity that satisfies the requirements of this article.
Full Text of § 1245.220
Plain-English Summary
This short section is the gatekeeper for the entire resolution-of-necessity process: no eminent domain lawsuit can begin at all without one. The governing body identified in § 1245.210 has to formally adopt a resolution that meets every requirement this article lays out — the contents in § 1245.230, the notice and hearing in § 1245.235, and the voting threshold in § 1245.240.
For a property owner, this is the first procedural checkpoint before a condemnation case can even be filed. A resolution adopted without following the article's requirements can be challenged, as § 1245.255 explains, and can lose its usual legal effect if § 1245.270's bribery provision applies.
Frequently Asked Questions
Can a public entity file an eminent domain lawsuit without adopting a resolution of necessity first?
No. Section 1245.220 makes adoption of a qualifying resolution a precondition to commencing the proceeding.
What has to be in that resolution?
What happens if the entity files suit without a valid resolution?
The property owner can challenge the right to take, since a resolution that doesn't meet the article's requirements doesn't satisfy this precondition.
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
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