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SENATE BILL 1395 (BEVERLY – 1982)

CHAPTER 1239, STATUTES OF 1982, SB 1395

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Section 1002 was added to the Civil Code and section 1245.326 was added to the Code of Civil Procedure in 1982 following legislative approval of Senate Bill 1395, which affected only these two sections.  (See Exhibit #1e)  This bill was introduced on January 27, 1982 by Senator Robert G. Beverly at the request of the City of Los Angeles.  (See Exhibits #1a and #3, page 1)

Senate Bill 1395 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #8)  Three amendments were made to Senate Bill 1395.  (See Exhibits #1b through #1d and #2)  Subsequent to legislative approval, Governor Edmund G. Brown, Jr., signed Senate Bill 1395 on September 21, 1982, and it was recorded by the Secretary of State on September 22, 1982 as Chapter 1239 of the Statutes of 1982.  (See Exhibits #1e and #2)

The Assembly Committee on Judiciary analysis of Senate Bill 1395 as last amended on June 14, 1982 described this bill as follows:

This bill would allow private landowners to exercise the power of eminent domain for temporary access to adjacent or nearby property in order to repair their land, under specified conditions.
(See Exhibit #8, page 1)