As used in this article, "quasi-public entity" means:
§ 1245.320.Quasi-Public Entity
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity · Last amended 2007 · Last verified July 29, 2026
In one sentenceSection 1245.320 lists the entities that count as "quasi-public entity" under this article: nonprofit collegiate educational institutions, nonprofit hospitals, cemetery authorities, limited-dividend housing corporations, land-chest corporations, and mutual water companies, each exercising a specific statutory eminent domain power.
Full Text of § 1245.320
(a) An educational institution of collegiate grade not conducted for profit that seeks to take property by eminent domain under Section 94500 of the Education Code.
(b) A nonprofit hospital that seeks to take property by eminent domain under Section 1260 of the Health and Safety Code.
(c) A cemetery authority that seeks to take property by eminent domain under Section 8501 of the Health and Safety Code.
(d) A limited-dividend housing corporation that seeks to take property by eminent domain under Section 34874 of the Health and Safety Code.
(e) A land-chest corporation that seeks to take property by eminent domain under former Section 35167 of the Health and Safety Code.
(f) A mutual water company that seeks to take property by eminent domain under Section 2729 of the Public Utilities Code.
Plain-English Summary
Not every entity with some eminent domain authority is a full public agency. This section names six categories of "quasi-public entity" — private or limited-purpose organizations that Legislature has given a narrow condemnation power, tied to a specific statute elsewhere in the code. Each one needs a consenting resolution from a legislative body under this article before it can use that power.
The list covers a nonprofit educational institution of collegiate grade condemning under the Education Code, a nonprofit hospital condemning under the Health and Safety Code, a cemetery authority, a limited-dividend housing corporation, and a land-chest corporation (condemning under a since-superseded Health and Safety Code section still referenced here), and a mutual water company condemning under the Public Utilities Code.
What ties these entities together is that none of them answers to voters the way a city or county does, yet each has been given a specific, narrow eminent domain power for a defined public-serving purpose — which is exactly why this article requires an outside legislative body's consent as a check.
Frequently Asked Questions
What kinds of organizations count as a "quasi-public entity" under this article?
Six categories: nonprofit collegiate educational institutions, nonprofit hospitals, cemetery authorities, limited-dividend housing corporations, land-chest corporations, and mutual water companies, each exercising eminent domain power granted by a specific statute.
Do these entities have eminent domain power on their own?
Yes, but only under the narrow statutes named in this section, and only after a legislative body consents under this article.
Why does the law require outside consent for these entities but not for cities and counties?
Because quasi-public entities aren't directly accountable to voters the way a city council or board of supervisors is, so the law adds a legislative body's consent as an outside check on their use of eminent domain.
Amendment History
Amended by Stats 2006 ch 538 (SB 1852),s 67, eff. 1/1/2007.
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: quasi public entity eminent domain californianonprofit hospital eminent domain california