Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code:
§ 1245.325.Owner of Property Seeking to Acquire Appurtenant Easement; Requirements of Resolution
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity · Enacted 1976 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1245.325 treats a property owner seeking an appurtenant easement by eminent domain under Civil Code § 1001 as a quasi-public entity, requiring the consenting resolution to find great necessity, that the easement's location gives the most reasonable service with the least burden, and that the hardship of denial clearly outweighs the burdened owner's hardship.
Full Text of § 1245.325
(a) The person seeking to exercise the power of eminent domain shall be deemed to be a "quasi-public entity" for the purposes of this article.
(b) In lieu of the requirements of subdivision (c) of Section 1245.340, the resolution required by this article shall contain a declaration that the legislative body has found and determined each of the following:
(1) There is a great necessity for the taking.
(2) The location of the easement affords the most reasonable service to the property to which it is appurtenant, consistent with the least damage to the burdened property.
(3) The hardship to the owner of the appurtenant property, if the taking is not permitted, clearly outweighs any hardship to the owner of the burdened property.
Plain-English Summary
Civil Code § 1001 lets a private property owner condemn an easement across a neighbor's land under limited circumstances, and this section folds that private easement power into Article 3's consent framework. The owner seeking the easement is deemed a "quasi-public entity" for these purposes, meaning a legislative body's consent is required before the easement can be condemned.
Because this situation is fundamentally different from a public project, the findings the resolution must contain replace the ordinary public-interest-and-necessity language of § 1245.340(c) with three tailored findings: that there's a great necessity for the taking, that the easement's location provides the most reasonable service to the dominant property while causing the least damage to the burdened property, and that the hardship to the dominant owner if the taking isn't allowed clearly outweighs the hardship to the burdened owner.
That "clearly outweighs" standard is a demanding one — it signals that private easement condemnation is meant to be the exception, not a routine substitute for negotiating access with a neighbor.
Frequently Asked Questions
Can a private property owner use eminent domain to get an easement across a neighbor's land?
In limited circumstances under Civil Code § 1001, yes, but the owner is treated as a quasi-public entity and needs the consent of a legislative body under this article.
What must the consenting resolution find in this situation?
That there's a great necessity for the taking, that the easement's location gives the most reasonable service to the benefited property with the least damage to the burdened property, and that the hardship of denial clearly outweighs the burdened owner's hardship.
Is this an easy standard to meet?
No. The "clearly outweighs" requirement sets a demanding bar, reflecting that private easement condemnation is meant to be used sparingly.
Amendment History
Added by Stats. 1976, Ch. 994.
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: private easement eminent domain californiacivil code 1001 easement condemnation