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AB-2226 Eminent domain: local public entities.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2226


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   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.