Code Civ. Proc., § 1250.370 · Article 5. Objections to Right to Take
Code Civ. Proc., § 1250.370
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
In addition to the grounds listed in Section 1250.360, grounds for objection to the right to take where the plaintiff has not adopted a resolution of necessity that conclusively establishes the matters referred to in Section 1240.030 include:
(a) The plaintiff is a public entity and has not adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4.
(b) The public interest and necessity do not require the proposed project.
(c) The proposed project is not planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
(d) The property described in the complaint is not necessary for the proposed project.
(e) The plaintiff is a quasi-public entity within the meaning of Section 1245.320 and has not satisfied the requirements of Article 3 (commencing with Section 1245.310) of Chapter 4.
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=1250.370.
- Text hash
- sha256 7907247bf4bd54b478303d58ba23b156adf042e5366eae7d57e8b980ce5e0c38
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., § 1240.030Printed as Section 1240.030
- Code Civ. Proc., pt. 3, tit. 7, ch. 4, art. 2Resolution of NecessityPrinted as Article 2 (commencing with Section 1245.210) of Chapter 4
- Code Civ. Proc., pt. 3, tit. 7, ch. 4, art. 3Resolution Consenting to Eminent Domain Proceeding by Quasi-Public EntityPrinted as Article 3 (commencing with Section 1245.310) of Chapter 4
- Code Civ. Proc., § 1245.320Printed as Section 1245.320
- Code Civ. Proc., § 1250.360Printed as Section 1250.360
Cited by 2 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1250.370. Each shows the citation as that text prints it.
Code of Civil Procedure
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.