§ 1245.330.Adoption of Resolution Required

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 1245.330 bars a quasi-public entity from commencing an eminent domain proceeding to acquire any property until the legislative body has adopted a resolution consenting to that acquisition.

Full Text of § 1245.330

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Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative body has adopted a resolution consenting to the acquisition of such property by eminent domain.

Plain-English Summary

This is Article 3's version of § 1245.220's gatekeeper rule — no acquisition without consent first. Regardless of any other provision of law, a quasi-public entity as defined in § 1245.320 (or deemed one under §§ 1245.325 or 1245.326) may not commence an eminent domain proceeding until the appropriate legislative body under § 1245.310 has adopted a resolution consenting to the acquisition.

This precondition is what distinguishes a quasi-public entity's condemnation power from a full public entity's: a genuine outside check by an elected body before the narrower, privately or semi-privately held eminent domain power can be exercised at all.

Frequently Asked Questions

Can a quasi-public entity file a condemnation case on its own authority?

No. Section 1245.330 requires the legislative body to first adopt a resolution consenting to the acquisition of that specific property.

Does this rule apply notwithstanding other statutes that give the quasi-public entity condemnation power?

Yes. The statute applies notwithstanding any other provision of law.

What has to be in that consenting resolution?

Everything § 1245.340 requires, adopted after the notice and hearing described in § 1245.350 and by the vote § 1245.360 requires.

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: consent required quasi public entity eminent domain