General Limitations on Exercise of Power of Eminent Domain
Known as the Eminent Domain Law
The act spans §§ 1230–1273 (260 sections).
Applied in 1 court decision — leading case State, Department of Transportation & Public Facilities v. 0.644 Acres, More or Less (1980)
Most recently applied in State, Department of Transportation & Public Facilities v. 0.644 Acres, More or Less (June 1980)
Added by Stats. 1975, Ch. 1275.
The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
(c) The property sought to be acquired is necessary for the project.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.