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California Resolution of Necessity

If you have never had the misfortune of entering an eminent domain dispute, you have likely never heard the phrase resolution of necessity. This phrase refers to the formal decision of the government by one of its agencies to use eminent domain to acquire a property. It is a resolution that must be adopted prior to the agency commencing eminent domain action in court.

Your California resolution of necessity rights

However, adopting a resolution of necessity in California is not without its limits, and the government must follow specific procedures and protocols in order to do so. For instance, the Code of Civil Procedure, section 1245.230, states that in order to adopt a resolution of necessity in California, the agency acting on behalf of the government must first see that the following criteria are met:

  • The project for which the property is to be acquired must be deemed necessary
  • The property must be considered necessary for the interest of the public
  • The project is located where it will offer the greatest public benefit with the least private detriment
  • An offer to purchase the property has been made

In addition, the government agency which seeks to adopt the resolution must hold a public hearing in regards to the matter. The agency is required to give notice of this hearing to the current owners of the property, and to allow them the opportunity to be heard at the hearing.

Protect your California resolution necessity rights

If you are in danger of losing your home, business, or any other type of property to eminent domain, make sure that you know your rights regarding resolution necessity in California. With over forty years of experience, Oliver, Sandifer, & Murphy can help you determine whether or not the resolution of necessity adopted to acquire your property meets the necessary criteria. If we find that it does not, then we can help you take legal steps in order to protect your rights of ownership.

Contact us for problems with resolution necessity in California

Oliver, Sandifer, & Murphy are skilled California easement lawyers who serve clients statewide from offices in Los Angeles and the San Francisco Bay Area. You may contact us by calling 888-336-6246 (888-EDomain).