As used in this article, "legislative body" means both of the following:
§ 1245.310.Legislative Body Defined
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1245.310 defines "legislative body" for the quasi-public entity consent article as the legislative body of each city where the targeted property sits, or, for property outside city boundaries, the legislative body of each county where it's located.
Full Text of § 1245.310
(a) The legislative body of each city within whose boundaries property sought to be taken by the quasi- public entity by eminent domain is located.
(b) If property sought to be taken by the quasi-public entity is not located within city boundaries, the legislative body of each county within whose boundaries such property is located.
Plain-English Summary
Article 3 requires a "legislative body" to consent before a quasi-public entity can condemn property, and this section says whose consent that means. If the property the quasi-public entity wants to take sits within a city's boundaries, it's that city's legislative body — the city council. If the property sits outside any city, it's the legislative body of the county where it's located.
Because a single project can span more than one jurisdiction, the definition uses the plural: "each" city or county whose boundaries contain the property. A quasi-public entity condemning a corridor of land crossing several cities or counties may need consent from each one.
Frequently Asked Questions
Who has to consent before a quasi-public entity can condemn property inside a city?
The legislative body of that city — its city council.
What if the property is outside any city's boundaries?
Then the legislative body of the county in which the property is located must consent instead.
What if the project crosses multiple cities or counties?
Section 1245.310 refers to "each" city or county whose boundaries contain the property, so consent may be needed from more than one legislative body.
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
Also known as: legislative body consent quasi-public entity california