§ 1245.326.Owner of Property Seeks to Acquire Temporary Right of Entry; 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 1982 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1245.326 treats a property owner seeking a temporary right of entry by eminent domain under Civil Code § 1002 as a quasi-public entity, requiring the consenting resolution to find that each condition Civil Code § 1002 sets for that taking appears to exist.

Full Text of § 1245.326

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Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code:

(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 that each of the conditions required by Section 1002 of the Civil Code appears to exist.

Plain-English Summary

Civil Code § 1002 gives a property owner a narrow eminent domain power to obtain a temporary right of entry onto neighboring land — for construction access, for example, rather than a permanent easement. As with the appurtenant-easement power in § 1245.325, this section treats the owner exercising that power as a quasi-public entity, so a legislative body's consent is required first.

The resolution's substantive findings are simpler here than for a permanent easement: in place of § 1245.340(c)'s ordinary findings, the resolution just has to declare that the legislative body found and determined that each condition Civil Code § 1002 requires appears to exist. The specifics of those conditions live in the Civil Code, not this section.

Frequently Asked Questions

Can a property owner condemn a temporary right of entry onto a neighbor's land?

In limited circumstances under Civil Code § 1002, and the owner is treated as a quasi-public entity needing consent under this article, the same as for a permanent easement under § 1245.325.

What must the consenting resolution declare in this situation?

That the legislative body found and determined that each of the conditions required by Civil Code § 1002 appears to exist.

Where are the actual conditions for this kind of taking spelled out?

In Civil Code § 1002 itself, not in this Code of Civil Procedure section.

Amendment History

Added by Stats. 1982, Ch. 1239, Sec. 2.

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: temporary right of entry eminent domain californiacivil code 1002 condemnation