§ 1001. — 1001. (Added by Stats. 1976, Ch. 994.)

(a)
As used in this section, “utility service” means water, gas, electric, drainage, sewer, or telephone service.
(b)
Any owner of real property may acquire by eminent domain an appurtenant easement to provide utility service to the owner’s property.
(c)
In lieu of the requirements of Section 1240.030 of the Code of Civil Procedure, the power of eminent domain may be exercised to acquire an appurtenant easement under this section only if all of the following are established:
(1)
There is a great necessity for the taking.
(2)
The location of the easement affords the most reasonable service to the property to which it is appurtenant, consistent with the least damage to the burdened property.
(3)
The hardship to the owner of the appurtenant property, if the taking is not permitted, clearly outweighs any hardship to the owner of the burdened property.

Legislative History

Added by Stats. 1976, Ch. 994.