California · Code of Civil Procedure - CCP

CCP §1245.270: (a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of the following: (1) A member of the governing body w

Civil

What this law says, in plain English

This statute establishes a civil procedure allowing a defendant to challenge a resolution of necessity by proving a governing body member accepted a bribe to adopt it and that without the bribe it would not have been adopted.

Read the full statutory text

(a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of the following: (1) A member of the governing body who voted in favor of the resolution received or agreed to receive a bribe, as defined in Section 7 of the Penal Code, involving adoption of the resolution. (2) But for the conduct described in paragraph (1), the resolution would not otherwise have been adopted. (b) Where there has been a prior criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), proof of conviction shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is satisfied, and proof of acquittal or other dismissal of the prosecution shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is not satisfied. Where there is a pending criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), the court may take such action as is just under the circumstances of the case. (c) Nothing in this section precludes a public entity from rescinding a resolution of necessity and adopting a new resolution as to the same property, subject to the same consequences as a conditional dismissal of the proceeding under Section 1260.120.

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