(a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only after the legislative body has held a hearing at which persons whose property is to be acquired by eminent domain have had a reasonable opportunity to appear and be heard.
§ 1245.350.Hearing; Notice
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 1245.350 lets the legislative body refuse consent with or without a hearing, but requires a hearing where affected owners have a reasonable opportunity to appear and be heard before consent can be granted, with notice mailed to owners on the assessment roll at least 15 days beforehand.
Full Text of § 1245.350
(b) Notice of the hearing shall be sent by first-class mail to each person whose property is to be acquired by eminent domain if the name and address of the person appears on the last equalized county assessment roll (including the roll of state-assessed property). The notice shall state the time, place, and subject of the hearing and shall be mailed at least 15 days prior to the date of the hearing.
Plain-English Summary
The legislative body's power to refuse consent is unrestricted — it can say no to a quasi-public entity's request with or without ever holding a hearing. But saying yes is different: the legislative body may adopt the consenting resolution only after holding a hearing at which the owners whose property would be taken have had a reasonable opportunity to appear and be heard.
That hearing has to be preceded by real notice. First-class mail has to go out to each affected owner whose name and address appear on the last equalized county assessment roll, including state-assessed property. The notice must state the hearing's time, place, and subject, and it has to be mailed at least 15 days before the hearing date.
This asymmetry — easy to refuse, harder to approve — reflects that consent under this article opens the door to condemnation by an entity that isn't itself a general government body, so the law insists on giving affected owners a real chance to be heard before that door opens.
Frequently Asked Questions
Can the legislative body deny consent without holding any hearing?
Yes. Section 1245.350(a) lets it refuse to consent with or without a hearing.
Does the legislative body need a hearing before granting consent?
Yes. It may adopt the consenting resolution only after a hearing where the affected owners have had a reasonable opportunity to appear and be heard.
How much advance notice of that hearing must owners get?
At least 15 days, by first-class mail, stating the time, place, and subject of the hearing.
Which owners are entitled to that notice?
Those whose name and address appear on the last equalized county assessment roll, including the roll of state-assessed property.
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: hearing notice quasi public entity resolution california