The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of the property or by the project for which it is acquired.
§ 1245.390.City Or County Not Liable For Damages Caused By Acquisition Or By Project
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 1245.390 provides that adopting a resolution consenting to a quasi-public entity's eminent domain proceeding does not make the city or county liable for any damages caused by the acquisition or by the project the property is acquired for.
Full Text of § 1245.390
Plain-English Summary
Consenting to someone else's condemnation is not the same as taking responsibility for it. This section shields the city or county whose legislative body adopts a consenting resolution from liability for damages caused by the acquisition itself, or by the project the quasi-public entity is acquiring the property for.
That protection makes sense given the role a consenting city or county plays: it's approving whether the quasi-public entity may proceed, not directing the project, funding it, or controlling how it's carried out. Liability for the acquisition and the project stays with the quasi-public entity that undertakes them.
Frequently Asked Questions
Is a city or county liable if a quasi-public entity's project causes damage after the city consents?
No. Section 1245.390 says adopting the consenting resolution doesn't make the city or county liable for damages caused by the acquisition or the project.
Who is responsible for damages caused by the quasi-public entity's project?
The quasi-public entity that carries out the acquisition and the project, not the consenting city or county.
Does consenting mean the city or county is directing or controlling the project?
No, the city or county's role under this article is limited to approving whether the acquisition may proceed, which is why liability doesn't attach to it.
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: city liability quasi public entity eminent domain california