CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1681

Introduced by Assembly Member Gonzalez

February 22, 2019

An act to amend Section 905.1 of the Government Code, relating to government liability.


LEGISLATIVE COUNSEL'S DIGEST


AB 1681, as introduced, Gonzalez. Government claims: eminent domain.
The Government Claims Act establishes procedures for bringing claims for money or damages against a public entity. A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to eminent domain provisions of the California Constitution. The act requires the board of a public entity, as defined, to process any claim that is filed against a public entity for taking of, or damage to, private property pursuant to those provisions.
This bill would make nonsubstantive changes to those claim procedures relating to emininent domain.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 905.1 of the Government Code is amended to read:

905.1.
 No (a) A claim is not required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.

However,

(b) However, the board shall, board, in accordance with the provisions of this part, shall process any claim which that is filed against a public entity for the taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.