(a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030.
§ 1245.235.Notice and Hearing Prior to Adoption of Resolution
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 2. Resolution of Necessity · Last amended 1986 · Last verified July 29, 2026
In one sentenceSection 1245.235 requires the governing body to give each property owner on the assessment roll mailed notice and a reasonable opportunity to be heard on the § 1240.030 findings before adopting a resolution of necessity, with a 15-day deadline to request a hearing and specific rules for hearings held before a smaller committee.
Full Text of § 1245.235
(b) The notice required by subdivision (a) shall be sent by first-class mail to each person described in subdivision (a) and shall state all of the following:
(1) The intent of the governing body to adopt the resolution.
(2) The right of such person to appear and be heard on the matters referred to in Section 1240.030.
(3) Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard.
(c) The governing body, or a committee of not less than 11 members thereof designated by the governing body if the governing body has more than 40 members, shall hold a hearing at which all persons described in subdivision (a) who filed a written request within the time specified in the notice may appear and be heard on the matters referred to in Section 1240.030. Such a committee shall be reasonably representative of the various geographical areas within the public entity's jurisdiction. The governing body need not give an opportunity to appear and be heard to any person who fails to so file a written request within the time specified in the notice. If a committee is designated by the governing body pursuant to this subdivision to hold the hearing, the committee, subsequent to the hearing, shall provide the governing body and any person described in subdivision (a) who has appeared before the committee with a written summary of the hearing and a written recommendation as to whether to adopt the resolution of necessity. Any person described in subdivision (a) who has appeared before the committee shall also be given an opportunity to appear and be heard before the governing body on the matters referred to in Section 1240.030.
(d) Notwithstanding subdivision (b), the governing body may satisfy the requirements of this section through any other procedure that has given each person described in subdivision (a) reasonable written personal notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030.
Plain-English Summary
This is the notice-and-hearing safeguard that gives property owners a real voice before a resolution of necessity becomes final. The governing body can adopt the resolution only after giving every owner whose name and address appear on the last equalized county assessment roll notice, and a reasonable opportunity to appear and be heard on the three findings § 1240.030 requires.
That notice has to go out by first-class mail and has to say three things plainly: that the governing body intends to adopt the resolution, that the owner has a right to appear and be heard on the § 1240.030 matters, and that failing to file a written request to appear within 15 days of mailing waives that right. Miss the deadline, and the governing body doesn't have to let that owner speak.
For governing bodies with more than 40 members, the hearing itself can be delegated to a committee of at least 11 members that's reasonably representative of the entity's different geographic areas. After the hearing, that committee has to give the full governing body — and any owner who appeared before it — a written summary and a recommendation on whether to adopt the resolution, and any owner who appeared before the committee still gets a chance to appear before the full governing body too. Subdivision (d) leaves room for other notice procedures, as long as they give owners the same reasonable written notice and opportunity to be heard.
Frequently Asked Questions
Do I get to speak before the government adopts a resolution to condemn my property?
Yes. Section 1245.235 requires the governing body to give you notice and a reasonable opportunity to appear and be heard on the § 1240.030 findings before adopting the resolution, as long as your name and address appear on the last equalized county assessment roll.
How much time do I have to request a hearing?
15 days from when the notice was mailed. Failing to file a written request within that window waives the right to appear and be heard.
What does the notice have to tell me?
That the governing body intends to adopt the resolution, that you have a right to appear and be heard on the § 1240.030 matters, and that missing the 15-day deadline waives that right.
Can a smaller committee hold the hearing instead of the full governing body?
Yes, if the governing body has more than 40 members, a committee of at least 11 members reasonably representative of the entity's geographic areas can hold the hearing, but it must report a written summary and recommendation, and owners who appeared before it still get to appear before the full governing body.
Amendment History
Amended by Stats. 1986, Ch. 358, 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
Also known as: notice of hearing resolution of necessity californiaright to be heard before eminent domain resolution