§ 1245.325 Appurtenant easement; acquisition by private owner for utility service

Codes > California Code of Civil Procedure > Part 3 > Title 7 > 1245.325

§ 1245.325. Appurtenant easement; acquisition by private owner for utility service

    Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code:

    (a) The person seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article.

    (b) In lieu of the requirements of subdivision (c) of Section 1245.340, the resolution required by this article shall contain a declaration that the legislative body has found and determined each of the following:

        (1) There is a great necessity for the taking.

        (2) The location of the easement affords the most reasonable service to the property to which it is appurtenant, consistent with the least damage to the burdened property.

        (3) The hardship to the owner of the appurtenant property, if the taking is not permitted, clearly outweighs any hardship to the owner of the burdened property.