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AB-1990 Eminent domain.(2005-2006)

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AB1990:v98#DOCUMENT

Amended  IN  Assembly  April 03, 2006

CALIFORNIA LEGISLATURE— 2005–2006 REGULAR SESSION

Assembly Bill
No. 1990


Introduced  by  Assembly Member Walters
(Coauthor(s): Assembly Member Bogh, Cogdill, DeVore, Emmerson, Garcia, Harman, Haynes, Huff, La Malfa, La Suer, Leslie, Spitzer, Strickland, Villines, Wyland)
(Coauthor(s): Senator Ackerman, Hollingsworth, Morrow)

February 09, 2006


An act to add Section 1240.060 to the Code of Civil Procedure, relating to eminent domain.


LEGISLATIVE COUNSEL'S DIGEST


AB 1990, as amended, Walters. Eminent domain.
Existing law authorizes public entities to seize private property under the power of eminent domain.
This bill would prohibit a city, county, city and county, special district, school district, community redevelopment agency, or community development commission or joint powers agency, as specified, from exercising the power of eminent domain to acquire any real property if ownership of the property will be transferred to a private party or private entity, except as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1240.060 is added to the Code of Civil Procedure, to read:

1240.060.
 (a) Notwithstanding any other provision of law, no city, county, city and county, special district, school district, community redevelopment agency, or any community development commission or joint powers agency that has the powers of a community redevelopment agency, shall exercise the power of eminent domain to acquire any real property if ownership of the property will be transferred to a private party or private entity, except a public utility as defined in Section 216 of the Public Utilities Code.
(b) The requirements of this section shall apply to both new and pending eminent domain projects, except that it shall not apply to projects if a resolution of necessity, if required, was adopted pursuant to the requirements of Section 1240.040 prior to the effective date of this section. For purposes of this section, eminent domain power is exercised when an attempt is made to acquire a property if it is stated or otherwise implied that the property may be taken by eminent domain.