BILL NUMBER: AB 968	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 26, 2009

   An act to amend Section 1240.010 of the Code of Civil Procedure,
relating to eminent domain.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 968, as introduced, Knight. Eminent domain.
   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 provides that if the Legislature provides by statute
that a use, purpose, object, or function is one for which the power
of eminent domain may be exercised, that is deemed to be a
declaration that the use, purpose, object, or function is a public
use.
   This bill would make nonsubstantive, technical changes in 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 1240.010 of the Code of Civil Procedure is
amended to read:
   1240.010.  The power of eminent domain may be exercised to acquire
property only for a public use.  Where   If
 the Legislature provides by statute that a use, purpose,
object, or function is one for which the power of eminent domain may
be exercised,  such   that  action is
deemed to be a declaration by the Legislature that  such
  the  use, purpose, object, or function is a
public use.