§ 1245.230.Requirements of Resolution
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 2. Resolution of Necessity · Last amended 1983 · Last verified July 29, 2026
Full Text of § 1245.230
Plain-English Summary
This is the substantive core of the resolution — the specific findings and statements that make a resolution valid. It has to include a general statement of the public use the property is being taken for, with a reference to the statute authorizing that acquisition, plus a description of the property's general location and extent detailed enough for reasonable identification.
Beyond description, the resolution has to declare that the governing body found and determined three substantive things: that the public interest and necessity require the project, that the project is planned or located in the way most compatible with the greatest public good and the least private injury, and that the property described is necessary for the project. These three findings mirror § 1240.030's own conditions for exercising eminent domain at all, and § 1245.250 gives them significant legal weight once made.
The fourth required declaration ties back to the pre-litigation purchase offer: either the offer required by Government Code § 7267.2 was made to the owner of record, or it wasn't made because the owner couldn't be located with reasonable diligence. For emergency projects necessary to protect health, safety, welfare, or property, that offer requirement doesn't have to be satisfied before the resolution is adopted — but the entity still has to carry it out afterward, within a reasonable time and no later than 90 days after adoption.
Frequently Asked Questions
What three findings must a resolution of necessity declare?
That the public interest and necessity require the project, that the project is planned or located to be most compatible with the greatest public good and least private injury, and that the property is necessary for the project.
Does the resolution have to describe exactly which property is being taken?
It needs a description of the property's general location and extent with sufficient detail for reasonable identification, though not necessarily a full legal description.
What if the entity can't find the property owner to make a purchase offer first?
The resolution can still declare that the offer wasn't made because the owner couldn't be located despite reasonable diligence.
Is there an exception for urgent projects?
Yes. For emergency projects necessary to protect health, safety, welfare, or property, the purchase-offer requirement doesn't have to be met before adoption, but the entity must satisfy it within a reasonable time and no later than 90 days afterward.
Amendment History
Amended by Stats. 1983, Ch. 1079, Sec. 1.