BILL NUMBER: AB 2226 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Morrell
FEBRUARY 20, 2014
An act to amend Section 1240.050 of the Code of Civil Procedure,
relating to eminent domain.
LEGISLATIVE COUNSEL'S DIGEST
AB 2226, as introduced, Morrell. Eminent domain: local public
entities.
The California Constitution permits private property to be taken
or damaged for public use only when just compensation is paid. The
Eminent Domain Law prescribes how that constitutionally authorized
power may be exercised and permits that exercise only for a public
use. The law permits a local public entity to acquire by eminent
domain property within its territorial limits only, except if the
power to acquire property outside its limits is expressly granted by
statute or necessarily implied.
This bill would make a nonsubstantive, technical change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1240.050 of the Code of Civil Procedure is
amended to read:
1240.050. A local public entity may acquire by eminent domain
only property within its territorial limits except where
if the power to acquire by eminent domain
property outside its limits is expressly granted by statute or
necessarily implied as an incident of one of its other statutory
powers.