reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 1240.690 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 3 - The Right to Take|ARTICLE 7 - Condemnation for More Necessary Public Use|Section 1240.690.

1240.690.  (a) When property described in Section 1240.670 or 1240.680 is sought to be acquired for state highway purposes, and the property was dedicated or devoted to a use described in those sections prior to the initiation of highway route location studies, an action for declaratory relief may be brought by the public entity or nonprofit organization owning the property in the superior court to determine the question of which public use is the best and most necessary public use for the property.(b) The action for declaratory relief shall be filed and served within 120 days after the California Transportation Commission has published in a newspaper of general circulation pursuant to Section 6061 of the Government Code, and delivered to the public entity or nonprofit organization owning the property a written notice that a proposed route or an adopted route includes the property. In the case of nonprofit organizations, the written notice need only be given to nonprofit organizations that are on file with the Registrar of Charitable Trusts of this state.(c) In the declaratory relief action, the resolution of the California Transportation Commission is not conclusive evidence of the matters set forth in Section 1240.030.(d) With respect to property described in Section 1240.670 or 1240.680 which is sought to be acquired for state highway purposes:(1) If an action for declaratory relief is not filed and served within the 120-day period established by subdivision (b), the right to bring the action is waived and Sections 1240.670 and 1240.680 do not apply.(2) When a declaratory relief action may not be brought pursuant to this section, Sections 1240.670 and 1240.680 do not apply.(Amended by Stats. 1982, Ch. 681, Sec. 2.)
CA Civ Pro Code § 1240.700 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 3 - The Right to Take|ARTICLE 7 - Condemnation for More Necessary Public Use|Section 1240.700.

1240.700.  (a) When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated or devoted to regional park, recreational, or open-space purposes prior to the initiation of road, street, or highway route location studies, an action for declaratory relief may be brought in the superior court by the regional park district which operates the park, recreational, or open-space area to determine the question of which public use is the best and most necessary public use for such property.(b) The action for declaratory relief shall be filed and served within 120 days after the city or county, as the case may be, has published in a newspaper of general circulation pursuant to Section 6061 of the Government Code, and delivered to the regional park district, a written notice that a proposed route or site or an adopted route includes such property.(c) With respect to property dedicated or devoted to regionl park, recreational, or open-space purposes which is sought to be acquired for city or county road, street, or highway purposes:(1) If an action for declaratory relief is not filed and served within the 120-day period established by subdivision (b), the right to bring such action is waived and the provisions of Section 1240.680 do not apply.(2) When a declaratory relief action may not be brought pursuant to this section, the provisions of Section 1240.680 do not apply.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 1 - Preliminary Location, Survey, and Tests|Section 1245.010.

1245.010.  Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 1 - Preliminary Location, Survey, and Tests|Section 1245.020.

1245.020.  In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under Section 1245.060, before making that entry and undertaking those activities, the person shall secure at least one of the following:(a) The written consent of the owner to enter upon the owner’s property and to undertake those activities.(b) An order for entry from the superior court in accordance with Section 1245. 030.(Amended by Stats. 2021, Ch. 401, Sec. 3. (AB 1578) Effective January 1, 2022.)
CA Civ Pro Code § 1245.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 1 - Preliminary Location, Survey, and Tests|Section 1245.030.

1245.030.  (a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the property as the court determines is appropriate under the circumstances of the particular case.(b) Upon such petition and after such notice has been given, the court shall determine the purpose for the entry, the nature and scope of the activities reasonably necessary to accomplish such purpose, and the probable amount of compensation to be paid to the owner of the property for the actual damage to the property and interference with its possession and use.(c) After such determination, the court may issue its order permitting the entry. The order shall prescribe the purpose for the entry and the nature and scope of the activities to be undertaken and shall require the person seeking to enter to deposit with the court the probable amount of compensation.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 1 - Preliminary Location, Survey, and Tests|Section 1245.040.

1245.040.  (a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030.(b) If the amount required to be deposited is increased by an order of modification, the court shall specify the time within which the additional amount shall be deposited and may direct that any further entry or that specified activities under the order as modified be stayed until the additional amount has been deposited.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 1 - Preliminary Location, Survey, and Tests|Section 1245.050.

1245.050.  (a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of the entry. The period of retention may be extended by the court for good cause.(b) The deposit shall be made in the Condemnation Deposits Fund in the State Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If made in the State Treasury, the deposit shall be held, invested, deposited, and disbursed in accordance with Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.060 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 1 - Preliminary Location, Survey, and Tests|Section 1245.060.

1245.060.  (a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a claim has been presented in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, the owner may recover for that damage or interference in a civil action, as a defendant in an eminent domain action affecting the property, or by application to the court under subdivision (c).(b) The prevailing claimant in an action or proceeding under this section shall be awarded the claimant’s costs and, if the court finds that any of the following occurred, the claimant’s litigation expenses incurred in proceedings under this article:(1) The entry was unlawful.(2) The entry was lawful but the activities upon the property were abusive or lacking in due regard for the interests of the owner.(3) There was a failure substantially to comply with the terms of an order made under Section 1245.030 or 1245.040.(c) If funds are on deposit under this article, upon application of the owner, the court shall determine and award the amount the owner is entitled to recover under this section and shall order that amount paid out of the funds on deposit. If the funds on deposit are insufficient to pay the full amount of the award, the court shall enter judgment for the unpaid portion. In a proceeding under this subdivision, the owner has a right to a jury trial, unless waived, on the amount of compensation for actual damage or substantial interference with the possession or use of the property.(d) Nothing in this section affects the availability of any other remedy the owner may have for the damaging of the owner’s property.(Amended by Stats. 2021, Ch. 401, Sec. 4. (AB 1578) Effective January 1, 2022.)
CA Civ Pro Code § 1245.210 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.210.

1245.210.  As used in this article, “governing body” means:(a) In the case of a taking by a local public entity, the legislative body of the local public entity.(b) In the case of a taking by the Sacramento and San Joaquin Drainage District, the Central Valley Flood Protection Board.(c) In the case of a taking by the State Public Works Board pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), the State Public Works Board.(d) In the case of a taking by the Department of Fish and Wildlife pursuant to Section 1348 of the Fish and Game Code, the Wildlife Conservation Board.(e) In the case of a taking by the Department of Transportation (other than a taking pursuant to Section 21633 of the Public Utilities Code or Section 30100 of the Streets and Highways Code), the California Transportation Commission.(f) In the case of a taking by the Department of Transportation pursuant to Section 21633 of the Public Utilities Code, the California Transportation Commission.(g) In the case of a taking by the Department of Transportation pursuant to Section 30100 of the Streets and Highways Code, the California Transportation Commission.(h) In the case of a taking by the Department of Water Resources, the California Water Commission.(i) In the case of a taking by the University of California, the Regents of the University of California.(j) In the case of a taking by the State Lands Commission, the State Lands Commission.(k) In the case of a taking by Hastings College of Law, the board of directors of that college.(l) In the case of a taking by the High-Speed Rail Authority, the State Public Works Board.(Amended by Stats. 2018, Ch. 790, Sec. 1. (SB 1172) Effective January 1, 2019.)
CA Civ Pro Code § 1245.220 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.220.

1245.220.  A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of this article.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.230 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.230.

1245.230.  In addition to other requirements imposed by law, the resolution of necessity shall contain all of the following:(a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the public entity to acquire the property by eminent domain.(b) A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification.(c) A declaration that the governing body of the public entity has found and determined each of the following:(1) The public interest and necessity require the proposed project.(2) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.(3) The property described in the resolution is necessary for the proposed project.(4) That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.If at the time the governing body of a public entity is requested to adopt a resolution of necessity and the project for which the property is needed has been determined by the public entity to be an emergency project, which project is necessary either to protect or preserve health, safety, welfare, or property, the requirements of Section 7267.2 of the Government Code need not be a prerequisite to the adoption of an authorizing resolution at the time. However, in those cases the provisions of Section 7267.2 of the Government Code shall be implemented by the public entity within a reasonable time thereafter but in any event, not later than 90 days after adoption of the resolution of necessity.(Amended by Stats. 1983, Ch. 1079, Sec. 1.)
CA Civ Pro Code § 1245.235 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.235.

1245.235.  (a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030.(b) The notice required by subdivision (a) shall be sent by first-class mail to each person described in subdivision (a) and shall state all of the following: (1) The intent of the governing body to adopt the resolution.(2) The right of such person to appear and be heard on the matters referred to in Section 1240.030.(3)  Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard.(c) The governing body, or a committee of not less than 11 members thereof designated by the governing body if the governing body has more than 40 members, shall hold a hearing at which all persons described in subdivision (a) who filed a written request within the time specified in the notice may appear and be heard on the matters referred to in Section 1240.030. Such a committee shall be reasonably representative of the various geographical areas within the public entity’s jurisdiction. The governing body need not give an opportunity to appear and be heard to any person who fails to so file a written request within the time specified in the notice. If a committee is designated by the governing body pursuant to this subdivision to hold the hearing, the committee, subsequent to the hearing, shall provide the governing body and any person described in subdivision (a) who has appeared before the committee with a written summary of the hearing and a written recommendation as to whether to adopt the resolution of necessity. Any person described in subdivision (a) who has appeared before the committee shall also be given an opportunity to appear and be heard before the governing body on the matters referred to in Section 1240.030.(d) Notwithstanding subdivision (b), the governing body may satisfy the requirements of this section through any other procedure that has given each person described in subdivision (a) reasonable written personal notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030.(Amended by Stats. 1986, Ch. 358, Sec. 1.)
CA Civ Pro Code § 1245.240 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.240.

1245.240.  Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members of the governing body of the public entity.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.250 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.250.

1245.250.  (a) Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively establishes the matters referred to in Section 1240.030.(b) If the taking is by a local public entity, other than a sanitary district exercising the powers of a county water district pursuant to Section 6512.7 of the Health and Safety Code, and the property is electric, gas, or water public utility property, the resolution of necessity creates a rebuttable presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of proof.(c) If the taking is by a local public entity and the property described in the resolution is not located entirely within the boundaries of the local public entity, the resolution of necessity creates a presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of producing evidence.(d) For the purposes of subdivision (b), a taking by the State Reclamation Board for the Sacramento and San Joaquin Drainage District is not a taking by a local public entity.(Amended by Stats. 1992, Ch. 812, Sec. 3. Effective January 1, 1993.)
CA Civ Pro Code § 1245.255 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.255.

1245.255.  (a) A person having an interest in the property described in a resolution of necessity adopted by the governing body of the public entity pursuant to this article may obtain judicial review of the validity of the resolution: (1) Before the commencement of the eminent domain proceeding, by petition for a writ of mandate pursuant to Section 1085. The court having jurisdiction of the writ of mandate action, upon motion of any party, shall order the writ of mandate action dismissed without prejudice upon commencement of the eminent domain proceeding unless the court determines that dismissal will not be in the interest of justice.(2) After the commencement of the eminent domain proceeding, by objection to the right to take pursuant to this title.(b) A resolution of necessity does not have the effect prescribed in Section 1245.250 to the extent that its adoption or contents were influenced or affected by gross abuse of discretion by the governing body.(c) Nothing in this section precludes a public entity from rescinding a resolution of necessity and adopting a new resolution as to the same property subject, after the commencement of an eminent domain proceeding, to the same consequences as a conditional dismissal of the proceeding under Section 1260.120.(Amended by Stats. 1978, Ch. 286.)
CA Civ Pro Code § 1245.260 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.260.

1245.260.  (a) If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six months after the date of adoption of the resolution, or has commenced such proceeding but has not within six months after the commencement of such proceeding attempted diligently to serve the complaint and the summons relating to such proceeding, the property owner may, by an action in inverse condemnation, do either or both of the following:(1) Require the public entity to take the property and pay compensation therefor.(2) Recover damages from the public entity for any interference with the possession and use of the property resulting from adoption of the resolution.Service by mail pursuant to Section 415.30 shall constitute a diligent attempt at service within the meaning of this section.(b) No claim need be presented against a public entity under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code as a prerequisite to commencement or maintenance of an action under subdivision (a), but any such action shall be commenced within one year and six months after the date the public entity adopted the resolution of necessity.(c) A public entity may commence an eminent domain proceeding or rescind a resolution of necessity as a matter of right at any time before the property owner commences an action under this section. If the public entity commences an eminent domain proceeding or rescinds the resolution of necessity before the property owner commences an action under this section, the property owner may not thereafter bring an action under this section.(d) After a property owner has commenced an action under this section, the public entity may rescind the resolution of necessity and abandon the taking of the property only under the same circumstances and subject to the same conditions and consequences as abandonment of an eminent domain proceeding.(e) Commencement of an action under this section does not affect any authority a public entity may have to commence an eminent domain proceeding, take possession of the property pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6, or abandon the eminent domain proceeding.(f) In lieu of bringing an action under subdivision (a) or if the limitations period provided in subdivision (b) has run, the property owner may obtain a writ of mandate to compel the public entity, within such time as the court deems appropriate, to rescind the resolution of necessity or to commence an eminent domain proceeding to acquire the property.(Amended by Stats. 1978, Ch. 411.)