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§ 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

In one sentenceSection 1245.230 requires the resolution of necessity to describe the public use and property, and declare that public necessity requires the project, that it's planned to be most compatible with the greatest public good and least private injury, that the property is needed, and that the statutory purchase offer was made or the owner couldn't be located.

Full Text of § 1245.230

Text sizeJump to: (a) (b) (c)

In addition to other requirements imposed by law, the resolution of necessity shall contain all of the following:
(a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the public entity to acquire the property by eminent domain.
(b) A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification.
(c) A declaration that the governing body of the public entity has found and determined each of the following:
(1) The public interest and necessity require the proposed project.
(2) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
(3) The property described in the resolution is necessary for the proposed project.
(4) That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.
If at the time the governing body of a public entity is requested to adopt a resolution of necessity and the project for which the property is needed has been determined by the public entity to be an emergency project, which project is necessary either to protect or preserve health, safety, welfare, or property, the requirements of Section 7267.2 of the Government Code need not be a prerequisite to the adoption of an authorizing resolution at the time. However, in those cases the provisions of Section 7267.2 of the Government Code shall be implemented by the public entity within a reasonable time thereafter but in any event, not later than 90 days after adoption of the resolution of necessity.

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.

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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