The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body.
§ 1245.360.Vote Required to Adopt Resolution
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 1245.360 requires the resolution consenting to a quasi-public entity's eminent domain proceeding to be adopted by a two-thirds vote of all the members of the legislative body.
Full Text of § 1245.360
Plain-English Summary
Like the public-entity resolution of necessity under § 1245.240, the consenting resolution here needs more than a simple majority. This section sets the same two-thirds threshold, measured against all the members of the legislative body rather than just those present or voting at the meeting.
Unlike § 1245.240, this section doesn't include language letting a statute, charter, or ordinance raise the threshold further — the two-thirds requirement stands on its own here.
Frequently Asked Questions
What vote does the legislative body need to consent to a quasi-public entity's condemnation?
Two-thirds of all the members of the legislative body, the same threshold as an ordinary public-entity resolution of necessity.
Is that two-thirds measured against members present or the entire body?
The entire legislative body, regardless of how many members attend the particular meeting.
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: vote to consent quasi public entity eminent domain