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HomePublic Utilities CodeDiv. 10Pt. 9Ch. 6Art. 1§ 96002 Eminent Domain For Utilities

§ 96002 Eminent Domain For Utilities

Public Utilities Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 96002 Eminent Domain For Utilities

Key Takeaways

  • •The government can take private property if they really need it for public projects, like building roads or parks.
  • •If they take your property, they have to pay you for it and also cover the cost of moving or rebuilding things like pipes or power lines.
  • •They can't take property in a city or county unless the local government says it's okay.
  • •If the property belongs to a railroad company, they need special permission to make sure it won't mess up train services.

Example

Imagine the government wants to build a new highway, but your house is in the way.

They can take your house, but they have to pay you for it. They also have to pay to move any power lines or pipes on your property. But first, the city where you live has to agree to this plan.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 96002 Eminent Domain For Utilities

The district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The district, in exercising such power shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, cables or poles of any public utility or public district which is required to be moved to a new location. No action in eminent domain to acquire property within any incorporated city or any county shall be commenced unless the legislative body of the affected city or county has consented to such acquisition by resolution. No such taking or acquisition by the district which would involve the abandonment, removal, relocation, or use of property of a railroad corporation, as defined in Section 230 of this code, shall be permitted, unless the Public Utilities Commission, after hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of such property and that such taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. (Amended by Stats. 1975, Ch. 1176.)

Last verified: January 23, 2026

Key Terms

acquisitioncorporationresolutioncommissionpropertyhearinginjuryroad

Related Statutes

  • § 40162 Eminent Domain For Utilities
  • § 90402 Eminent Domain Utility Relocation
  • § 98214 Railroad Property Acquisition Rules
  • § 50162 Eminent Domain Utility Relocation
  • § 1208 Condemnation Order To Show Cause

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Public Utilities Code. Section 96002.
View Official Source