Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 2. Resolution of Necessity · Last amended 1978 · Last verified July 29, 2026
In one sentenceSection 1245.260 lets a property owner bring an inverse condemnation action requiring the entity to take the property and pay compensation, or recover interference damages, when the entity adopts a resolution of necessity but doesn't diligently commence or pursue the eminent domain proceeding within six months.
(a)If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six months after the date of adoption of the resolution, or has commenced such proceeding but has not within six months after the commencement of such proceeding attempted diligently to serve the complaint and the summons relating to such proceeding, the property owner may, by an action in inverse condemnation, do either or both of the following:
(1)Require the public entity to take the property and pay compensation therefor.
(2)Recover damages from the public entity for any interference with the possession and use of the property resulting from adoption of the resolution.
Service by mail pursuant to Section 415.30 shall constitute a diligent attempt at service within the meaning of this section.
(b)No claim need be presented against a public entity under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code as a prerequisite to commencement or maintenance of an action under subdivision (a), but any such action shall be commenced within one year and six months after the date the public entity adopted the resolution of necessity.
(c)A public entity may commence an eminent domain proceeding or rescind a resolution of necessity as a matter of right at any time before the property owner commences an action under this section. If the public entity commences an eminent domain proceeding or rescinds the resolution of necessity before the property owner commences an action under this section, the property owner may not thereafter bring an action under this section.
(d)After a property owner has commenced an action under this section, the public entity may rescind the resolution of necessity and abandon the taking of the property only under the same circumstances and subject to the same conditions and consequences as abandonment of an eminent domain proceeding.
(e)Commencement of an action under this section does not affect any authority a public entity may have to commence an eminent domain proceeding, take possession of the property pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6, or abandon the eminent domain proceeding.
(f)In lieu of bringing an action under subdivision (a) or if the limitations period provided in subdivision (b) has run, the property owner may obtain a writ of mandate to compel the public entity, within such time as the court deems appropriate, to rescind the resolution of necessity or to commence an eminent domain proceeding to acquire the property.
Plain-English Summary
A resolution of necessity can hang over a property for a long time if the entity that adopted it never follows through. This section gives the owner a way to force the issue. If six months pass after the resolution is adopted without the entity commencing an eminent domain proceeding — or if the entity commences one but then doesn't diligently attempt to serve the complaint and summons within six months of that commencement — the owner can bring an inverse condemnation action.
That action can do either or both of two things: require the entity to take the property and pay compensation for it, or recover damages for any interference with the owner's possession and use that the resolution itself caused. No Government Claims Act presentment is required first, but the action has to be filed within one year and six months of the resolution's adoption.
The entity isn't without options of its own. It can commence the eminent domain proceeding, or rescind the resolution outright, as a matter ofright at any time before the owner files this kind of action — doing either one first cuts off the owner's ability to bring it. Even after the owner sues, the entity can still rescind and abandon, subject to the same conditions as abandoning an ordinary condemnation case. And instead of suing for compensation, or if the limitations period has run, the owner can seek a writ of mandate compelling the entity to either rescind the resolution or commence the proceeding.
Frequently Asked Questions
What can I do if the government adopts a resolution of necessity but never files the condemnation case?
If six months pass without the proceeding being commenced, § 1245.260 lets you bring an inverse condemnation action to require the entity to take the property and pay compensation, or to recover damages for interference caused by the resolution.
Is there a deadline for filing this kind of action?
Yes. It must be commenced within one year and six months after the date the entity adopted the resolution of necessity.
Can the entity avoid this by finally filing the condemnation case or dropping the resolution?
Yes, as a matter of right, at any time before the owner commences the inverse condemnation action — either move forecloses the owner's ability to bring it.
What if the limitations period has already run?
The owner can instead seek a writ of mandate compelling the entity to rescind the resolution of necessity or commence the eminent domain proceeding.
Amendment History
Amended by Stats. 1978, Ch. 411.
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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