Code Civ. Proc., § 1240.030 · Article 1. General Limitations on Exercise of Power of Eminent Domain
Code Civ. Proc., § 1240.030
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Added by Stats. 1975, Ch. 1275.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1240.030.
- Text hash
- sha256 991c6a1982c89f4f9eb503002c3a4cf24a02ab9c9a8e4a7daf458e90e61623a0
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 11 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1240.030. Each shows the citation as that text prints it.
Code of Civil Procedure
- Code Civ. Proc., § 1240.055Printed as Sections 1240.030, 1240.510, and 1240.610
- Code Civ. Proc., § 1240.690Printed as Section 1240.030
- Code Civ. Proc., § 1245.235Printed as Section 1240.030
- Code Civ. Proc., § 1245.250Printed as Section 1240.030
- Code Civ. Proc., § 1245.380Printed as Section 1240.030
- Code Civ. Proc., § 1250.310Printed as Section 1240.030
- Code Civ. Proc., § 1250.370Printed as Section 1240.030
Public Resources Code
Public Utilities Code
Streets and Highways Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.