CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 850Introduced by Senator UmbergFebruary 17, 2023 An act to amend Section 1240.040 of the Code of Civil Procedure, relating to eminent domain. LEGISLATIVE COUNSEL'S DIGESTSB 850, as introduced, Umberg. Eminent domain: general limitations.The California Constitution permits private property to be taken or damaged for public use only when just compensation has first been paid to, or into court for, the owner of that property. The Eminent Domain Law provides that a public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity, as specified.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1240.040 of the Code of Civil Procedure is amended to read:1240.040. A public entity may only exercise the power of eminent domain only if it the public entity has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 850Introduced by Senator UmbergFebruary 17, 2023 An act to amend Section 1240.040 of the Code of Civil Procedure, relating to eminent domain. LEGISLATIVE COUNSEL'S DIGESTSB 850, as introduced, Umberg. Eminent domain: general limitations.The California Constitution permits private property to be taken or damaged for public use only when just compensation has first been paid to, or into court for, the owner of that property. The Eminent Domain Law provides that a public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity, as specified.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 850 Introduced by Senator UmbergFebruary 17, 2023 Introduced by Senator Umberg February 17, 2023 An act to amend Section 1240.040 of the Code of Civil Procedure, relating to eminent domain. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 850, as introduced, Umberg. Eminent domain: general limitations. The California Constitution permits private property to be taken or damaged for public use only when just compensation has first been paid to, or into court for, the owner of that property. The Eminent Domain Law provides that a public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity, as specified.This bill would make technical, nonsubstantive changes to that provision. The California Constitution permits private property to be taken or damaged for public use only when just compensation has first been paid to, or into court for, the owner of that property. The Eminent Domain Law provides that a public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity, as specified. This bill would make technical, nonsubstantive changes to that provision. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 1240.040 of the Code of Civil Procedure is amended to read:1240.040. A public entity may only exercise the power of eminent domain only if it the public entity has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 1240.040 of the Code of Civil Procedure is amended to read:1240.040. A public entity may only exercise the power of eminent domain only if it the public entity has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. SECTION 1. Section 1240.040 of the Code of Civil Procedure is amended to read: ### SECTION 1. 1240.040. A public entity may only exercise the power of eminent domain only if it the public entity has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. 1240.040. A public entity may only exercise the power of eminent domain only if it the public entity has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. 1240.040. A public entity may only exercise the power of eminent domain only if it the public entity has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. 1240.040. A public entity may only exercise the power of eminent domain only if it the public entity has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4.