{"data":{"id":"us-ca/ccp-1245.250","jurisdiction":"us-ca","citation":"CCP § 1245.250","heading":"","body":"(a) Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively establishes the matters referred to in Section 1240.030.\n(b) If the taking is by a local public entity, other than a sanitary district exercising the powers of a county water district pursuant to Section 6512.7 of the Health and Safety Code, and the property is electric, gas, or water public utility property, the resolution of necessity creates a rebuttable presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of proof.\n(c) If the taking is by a local public entity and the property described in the resolution is not located entirely within the boundaries of the local public entity, the resolution of necessity creates a presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of producing evidence.\n(d) For the purposes of subdivision (b), a taking by the State Reclamation Board for the Sacramento and San Joaquin Drainage District is not a taking by a local public entity.","path":["Code of Civil Procedure - CCP","PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063. - 1822.60.]","TITLE 7. EMINENT DOMAIN LAW [1230.010. - 1273.050.]","CHAPTER 4. Precondemnation Activities [1245.010. - 1245.390.]","ARTICLE 2. Resolution of Necessity [1245.210. - 1245.270.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"6e8f9273736c3b39226be2d70787b5dc117c014270740f930198f04ef45f7fdb","source_id":"us-ca","stale":false,"prev":"us-ca/ccp-1245.245","next":"us-ca/ccp-1245.255"},"notice":"GroundRules: Original legal text. Not legal advice."}