Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members of the governing body of the public entity.
§ 1245.240.Vote Required to Adopt Resolution
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 1245.240 requires a resolution of necessity to be adopted by a two-thirds vote of all the members of the governing body, unless a statute, charter, or ordinance demands an even greater vote.
Full Text of § 1245.240
Plain-English Summary
Adopting a resolution of necessity isn't a simple-majority decision. This section sets a two-thirds supermajority of all members of the governing body — not just those present or voting — as the default threshold.
That baseline can be raised, but never lowered, by other law. If a statute, a charter, or an ordinance requires a greater vote for this particular governing body or this kind of resolution, that higher requirement controls instead.
Frequently Asked Questions
What vote does it take to adopt a resolution of necessity?
Two-thirds of all the members of the governing body, not just a majority of those present at the meeting.
Can a local charter require an even higher vote?
Yes. If a statute, charter, or ordinance requires a greater vote, that higher threshold applies instead of the two-thirds default.
Is the two-thirds requirement measured against members present or the full body?
The full governing body — the statute requires two-thirds of all the members, regardless of how many attend the meeting.
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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