§ 1245.340.Information Required In Resolution

This section is Article 3's counterpart to § 1245.230, spelling out what the consenting resolution has to contain. It needs a general statement of the public use the property is being taken for, with a reference to the statute authorizing the quasi-public entity's acquisition, and a description of the property's general location and extent detailed enough for reasonable identification.

The resolution also has to declare that the legislative body found and determined four things: that the public interest and necessity require the proposed project, that the project is planned or located to be most compatible with the greatest good and the least private injury, that the property described is necessary for the project, and — the addition unique to this article — that the hardship to the quasi-public entity if the acquisition isn't permitted outweighs any hardship to the property owners.

That fourth finding reflects the different posture of a quasi-public entity's condemnation power. Because the entity isn't a general government body exercising eminent domain as a matter of course, the legislative body has to weigh the entity's own need against the burden on the owners before consenting — unless the property involves an appurtenant easement or temporary right of entry, where §§ 1245.325 and 1245.326 substitute different findings entirely.