§ 1245.250.Resolution Conclusively Establishes Matters Referred to In Section 1240.030
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 2. Resolution of Necessity · Last amended 1993 · Last verified July 29, 2026
In one sentenceSection 1245.250 makes a properly adopted resolution of necessity conclusively establish the § 1240.030 findings, except that a resolution taking local electric, gas, or water utility property creates only a rebuttable presumption, and a resolution taking property outside the entity's own boundaries creates only a presumption affecting the burden of producing evidence.
(a)Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively establishes the matters referred to in Section 1240.030.
(b)If the taking is by a local public entity, other than a sanitary district exercising the powers of a county water district pursuant to Section 6512.7 of the Health and Safety Code, and the property is electric, gas, or water public utility property, the resolution of necessity creates a rebuttable presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of proof.
(c)If the taking is by a local public entity and the property described in the resolution is not located entirely within the boundaries of the local public entity, the resolution of necessity creates a presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of producing evidence.
(d)For the purposes of subdivision (b), a taking by the State Reclamation Board for the Sacramento and San Joaquin Drainage District is not a taking by a local public entity.
Plain-English Summary
This is what gives the resolution of necessity its legal force. Ordinarily, once the governing body adopts a valid resolution, it conclusively establishes the three matters § 1240.030 requires — public necessity, compatible planning, and the property's necessity for the project. A property owner generally can't relitigate those questions in the condemnation case itself.
Two situations soften that conclusiveness. When a local public entity (other than certain sanitary districts) takes electric, gas, or water public utility property, the resolution instead creates only a rebuttable presumption — one that affects the burden of proof, meaning the owner can put on evidence to overcome it. And when a local public entity takes property that isn't located entirely within its own boundaries, the resolution creates a lesser presumption still, one affecting only the burden of producing evidence.
These carve-outs recognize that a local entity reaching outside its own territory, or condemning utility infrastructure, presents a different risk profile than the ordinary in-jurisdiction taking — so the law gives owners a somewhat easier path to challenge the resolution's findings in those settings.
Frequently Asked Questions
Can I argue in the condemnation case that the property isn't really needed?
Generally, no — a validly adopted resolution of necessity conclusively establishes that the property is needed and that the other § 1240.030 findings are true, subject to the exceptions in subdivisions (b) and (c) and to the challenges § 1245.255 allows.
Is there any situation where I can more easily challenge the findings?
Yes. If a local public entity is taking electric, gas, or water utility property, or taking property outside its own boundaries, the resolution creates only a presumption rather than a conclusive finding, giving the owner more room to contest it.
What's the difference between the two presumptions in subdivisions (b) and (c)?
The utility-property presumption in subdivision (b) affects the burden of proof, requiring the owner to prove the findings wrong. The out-of-boundary presumption in subdivision (c) affects only the burden of producing evidence, a lighter showing.
Amendment History
Amended by Stats. 1992, Ch. 812, Sec. 3. Effective January 1, 1993.
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:conclusive presumption resolution of necessity californiachallenge resolution of necessity utility property