State Codes and Statutes

Statutes > California > Ccp > 1240.610-1240.700

CODE OF CIVIL PROCEDURE
SECTION 1240.610-1240.700



1240.610.  Any person authorized to acquire property for a
particular use by eminent domain may exercise the power of eminent
domain to acquire for that use property appropriated to public use if
the use for which the property is sought to be taken is a more
necessary public use than the use to which the property is
appropriated. Where property is sought to be acquired pursuant to
this section, the complaint, and the resolution of necessity if one
is required, shall refer specifically to this section.



1240.620.  If the defendant objects to a taking under Section
1240.610, the defendant has the burden of proof that his property is
appropriated to public use. If it is established that the property is
appropriated to public use, the plaintiff has the burden of proof
that its use satisfies the requirements of Section 1240.610.




1240.630.  (a) Where property is sought to be taken under Section
1240.610, the defendant is entitled to continue the public use to
which the property is appropriated if the continuance of such use
will not unreasonably interfere with or impair, or require a
significant alteration of, the more necessary public use as it is
then planned or exists or may reasonably be expected to exist in the
future.
   (b) If the defendant objects to a taking under this article on the
ground that he is entitled under subdivision (a) to continue the
public use to which the property is appropriated, upon motion of
either party, the court shall determine whether the defendant is
entitled under subdivision (a) to continue the use to which the
property is appropriated; and, if the court determines that the
defendant is so entitled, the parties shall make an agreement
determining the terms and conditions upon which the defendant may
continue the public use to which the property is appropriated, the
terms and conditions upon which the property is taken by the
plaintiff is acquired, and the manner and extent of the use of the
property by each of the parties. Except as otherwise provided by
statute, if the parties are unable to agree, the court shall fix such
terms and conditions and the manner and extent of the use of the
property by each of the parties.


1240.640.  (a) Where property has been appropriated to public use by
any person other than the state, the use thereof by the state for
the same use or any other public use is presumed to be a more
necessary use than the use to which such property has already been
appropriated.
   (b) Where property has been appropriated to public use by the
state, the use thereof by the state is presumed to be a more
necessary use than any use to which such property might be put by any
other person.
   (c) The presumptions established by this section are presumptions
affecting the burden of proof.



1240.650.  (a) Where property has been appropriated to public use by
any person other than a public entity, the use thereof by a public
entity for the same use or any other public use is a more necessary
use than the use to which such property has already been
appropriated.
   (b) Where property has been appropriated to public use by a public
entity, the use thereof by the public entity is a more necessary use
than any use to which such property might be put by any person other
than a public entity.
   (c) Where property which has been appropriated to a public use is
electric, gas, or water public utility property which the public
entity intends to put to the same use, the presumption of a more
necessary use established by subdivision (a) is a rebuttable
presumption affecting the burden of proof, unless the acquiring
public entity is a sanitary district exercising the powers of a
county water district pursuant to Section 6512.7 of the Health and
Safety Code.



1240.660.  Where property has been appropriated to public use by a
local public entity, the use thereof by the local public entity is
presumed to be a more necessary use than any use to which such
property might be put by any other local public entity. The
presumption established by this section is a presumption affecting
the burden of proof.



1240.670.  (a) Subject to Section 1240.690, notwithstanding any
other provision of law, property is presumed to have been
appropriated for the best and most necessary public use if all of the
following are established:
   (1) The property is owned by a nonprofit organization
contributions to which are deductible for state and federal income
tax purposes under the laws of this state and of the United States
and having the primary purpose of preserving areas in their natural
condition.
   (2) The property is open to the public subject to reasonable
restrictions and is appropriated, and used exclusively, for the
preservation of native plants or native animals including, but not
limited to, mammals, birds, and marine life, or biotic communities,
or geological or geographical formations of scientific or educational
interest.
   (3) The property is irrevocably dedicated to such uses so that,
upon liquidation, dissolution, or abandonment of or by the owner,
such property will be distributed only to a fund, foundation, or
corporation whose property is likewise irrevocably dedicated to such
uses, or to a governmental agency holding land for such uses.
   (b) The presumption established by this section is a presumption
affecting the burden of proof.



1240.680.  (a) Subject to Sections 1240.690 and 1240.700,
notwithstanding any other provision of law, property is presumed to
have been appropriated for the best and most necessary public use if
the property is appropriated to public use as any of the following:
   (1) A state, regional, county, or city park, open space, or
recreation area.
   (2) A wildlife or waterfowl management area established by the
Department of Fish and Game pursuant to Section 1525 of the Fish and
Game Code.
   (3) A historic site included in the National Register of Historic
Places or state-registered landmarks.
   (4) An ecological reserve as provided for in Article 4 (commencing
with Section 1580) of Chapter 5 of Division 2 of the Fish and Game
Code.
   (b) The presumption established by this section is a presumption
affecting the burden of proof.



1240.690.  (a) When property described in Section 1240.670 or
1240.680 is sought to be acquired for state highway purposes, and the
property was dedicated or devoted to a use described in those
sections prior to the initiation of highway route location studies,
an action for declaratory relief may be brought by the public entity
or nonprofit organization owning the property in the superior court
to determine the question of which public use is the best and most
necessary public use for the property.
   (b) The action for declaratory relief shall be filed and served
within 120 days after the California Transportation Commission has
published in a newspaper of general circulation pursuant to Section
6061 of the Government Code, and delivered to the public entity or
nonprofit organization owning the property a written notice that a
proposed route or an adopted route includes the property. In the case
of nonprofit organizations, the written notice need only be given to
nonprofit organizations that are on file with the Registrar of
Charitable Trusts of this state.
   (c) In the declaratory relief action, the resolution of the
California Transportation Commission is not conclusive evidence of
the matters set forth in Section 1240.030.
   (d) With respect to property described in Section 1240.670 or
1240.680 which is sought to be acquired for state highway purposes:
   (1) If an action for declaratory relief is not filed and served
within the 120-day period established by subdivision (b), the right
to bring the action is waived and Sections 1240.670 and 1240.680 do
not apply.
   (2) When a declaratory relief action may not be brought pursuant
to this section, Sections 1240.670 and 1240.680 do not apply.



1240.700.  (a) When property described in Section 1240.680 is sought
to be acquired for city or county road, street, or highway purposes,
and such property was dedicated or devoted to regional park,
recreational, or open-space purposes prior to the initiation of road,
street, or highway route location studies, an action for declaratory
relief may be brought in the superior court by the regional park
district which operates the park, recreational, or open-space area to
determine the question of which public use is the best and most
necessary public use for such property.
   (b) The action for declaratory relief shall be filed and served
within 120 days after the city or county, as the case may be, has
published in a newspaper of general circulation pursuant to Section
6061 of the Government Code, and delivered to the regional park
district, a written notice that a proposed route or site or an
adopted route includes such property.
   (c) With respect to property dedicated or devoted to regionl park,
recreational, or open-space purposes which is sought to be acquired
for city or county road, street, or highway purposes:
   (1) If an action for declaratory relief is not filed and served
within the 120-day period established by subdivision (b), the right
to bring such action is waived and the provisions of Section 1240.680
do not apply.
   (2) When a declaratory relief action may not be brought pursuant
to this section, the provisions of Section 1240.680 do not apply.


State Codes and Statutes

Statutes > California > Ccp > 1240.610-1240.700

CODE OF CIVIL PROCEDURE
SECTION 1240.610-1240.700



1240.610.  Any person authorized to acquire property for a
particular use by eminent domain may exercise the power of eminent
domain to acquire for that use property appropriated to public use if
the use for which the property is sought to be taken is a more
necessary public use than the use to which the property is
appropriated. Where property is sought to be acquired pursuant to
this section, the complaint, and the resolution of necessity if one
is required, shall refer specifically to this section.



1240.620.  If the defendant objects to a taking under Section
1240.610, the defendant has the burden of proof that his property is
appropriated to public use. If it is established that the property is
appropriated to public use, the plaintiff has the burden of proof
that its use satisfies the requirements of Section 1240.610.




1240.630.  (a) Where property is sought to be taken under Section
1240.610, the defendant is entitled to continue the public use to
which the property is appropriated if the continuance of such use
will not unreasonably interfere with or impair, or require a
significant alteration of, the more necessary public use as it is
then planned or exists or may reasonably be expected to exist in the
future.
   (b) If the defendant objects to a taking under this article on the
ground that he is entitled under subdivision (a) to continue the
public use to which the property is appropriated, upon motion of
either party, the court shall determine whether the defendant is
entitled under subdivision (a) to continue the use to which the
property is appropriated; and, if the court determines that the
defendant is so entitled, the parties shall make an agreement
determining the terms and conditions upon which the defendant may
continue the public use to which the property is appropriated, the
terms and conditions upon which the property is taken by the
plaintiff is acquired, and the manner and extent of the use of the
property by each of the parties. Except as otherwise provided by
statute, if the parties are unable to agree, the court shall fix such
terms and conditions and the manner and extent of the use of the
property by each of the parties.


1240.640.  (a) Where property has been appropriated to public use by
any person other than the state, the use thereof by the state for
the same use or any other public use is presumed to be a more
necessary use than the use to which such property has already been
appropriated.
   (b) Where property has been appropriated to public use by the
state, the use thereof by the state is presumed to be a more
necessary use than any use to which such property might be put by any
other person.
   (c) The presumptions established by this section are presumptions
affecting the burden of proof.



1240.650.  (a) Where property has been appropriated to public use by
any person other than a public entity, the use thereof by a public
entity for the same use or any other public use is a more necessary
use than the use to which such property has already been
appropriated.
   (b) Where property has been appropriated to public use by a public
entity, the use thereof by the public entity is a more necessary use
than any use to which such property might be put by any person other
than a public entity.
   (c) Where property which has been appropriated to a public use is
electric, gas, or water public utility property which the public
entity intends to put to the same use, the presumption of a more
necessary use established by subdivision (a) is a rebuttable
presumption affecting the burden of proof, unless the acquiring
public entity is a sanitary district exercising the powers of a
county water district pursuant to Section 6512.7 of the Health and
Safety Code.



1240.660.  Where property has been appropriated to public use by a
local public entity, the use thereof by the local public entity is
presumed to be a more necessary use than any use to which such
property might be put by any other local public entity. The
presumption established by this section is a presumption affecting
the burden of proof.



1240.670.  (a) Subject to Section 1240.690, notwithstanding any
other provision of law, property is presumed to have been
appropriated for the best and most necessary public use if all of the
following are established:
   (1) The property is owned by a nonprofit organization
contributions to which are deductible for state and federal income
tax purposes under the laws of this state and of the United States
and having the primary purpose of preserving areas in their natural
condition.
   (2) The property is open to the public subject to reasonable
restrictions and is appropriated, and used exclusively, for the
preservation of native plants or native animals including, but not
limited to, mammals, birds, and marine life, or biotic communities,
or geological or geographical formations of scientific or educational
interest.
   (3) The property is irrevocably dedicated to such uses so that,
upon liquidation, dissolution, or abandonment of or by the owner,
such property will be distributed only to a fund, foundation, or
corporation whose property is likewise irrevocably dedicated to such
uses, or to a governmental agency holding land for such uses.
   (b) The presumption established by this section is a presumption
affecting the burden of proof.



1240.680.  (a) Subject to Sections 1240.690 and 1240.700,
notwithstanding any other provision of law, property is presumed to
have been appropriated for the best and most necessary public use if
the property is appropriated to public use as any of the following:
   (1) A state, regional, county, or city park, open space, or
recreation area.
   (2) A wildlife or waterfowl management area established by the
Department of Fish and Game pursuant to Section 1525 of the Fish and
Game Code.
   (3) A historic site included in the National Register of Historic
Places or state-registered landmarks.
   (4) An ecological reserve as provided for in Article 4 (commencing
with Section 1580) of Chapter 5 of Division 2 of the Fish and Game
Code.
   (b) The presumption established by this section is a presumption
affecting the burden of proof.



1240.690.  (a) When property described in Section 1240.670 or
1240.680 is sought to be acquired for state highway purposes, and the
property was dedicated or devoted to a use described in those
sections prior to the initiation of highway route location studies,
an action for declaratory relief may be brought by the public entity
or nonprofit organization owning the property in the superior court
to determine the question of which public use is the best and most
necessary public use for the property.
   (b) The action for declaratory relief shall be filed and served
within 120 days after the California Transportation Commission has
published in a newspaper of general circulation pursuant to Section
6061 of the Government Code, and delivered to the public entity or
nonprofit organization owning the property a written notice that a
proposed route or an adopted route includes the property. In the case
of nonprofit organizations, the written notice need only be given to
nonprofit organizations that are on file with the Registrar of
Charitable Trusts of this state.
   (c) In the declaratory relief action, the resolution of the
California Transportation Commission is not conclusive evidence of
the matters set forth in Section 1240.030.
   (d) With respect to property described in Section 1240.670 or
1240.680 which is sought to be acquired for state highway purposes:
   (1) If an action for declaratory relief is not filed and served
within the 120-day period established by subdivision (b), the right
to bring the action is waived and Sections 1240.670 and 1240.680 do
not apply.
   (2) When a declaratory relief action may not be brought pursuant
to this section, Sections 1240.670 and 1240.680 do not apply.



1240.700.  (a) When property described in Section 1240.680 is sought
to be acquired for city or county road, street, or highway purposes,
and such property was dedicated or devoted to regional park,
recreational, or open-space purposes prior to the initiation of road,
street, or highway route location studies, an action for declaratory
relief may be brought in the superior court by the regional park
district which operates the park, recreational, or open-space area to
determine the question of which public use is the best and most
necessary public use for such property.
   (b) The action for declaratory relief shall be filed and served
within 120 days after the city or county, as the case may be, has
published in a newspaper of general circulation pursuant to Section
6061 of the Government Code, and delivered to the regional park
district, a written notice that a proposed route or site or an
adopted route includes such property.
   (c) With respect to property dedicated or devoted to regionl park,
recreational, or open-space purposes which is sought to be acquired
for city or county road, street, or highway purposes:
   (1) If an action for declaratory relief is not filed and served
within the 120-day period established by subdivision (b), the right
to bring such action is waived and the provisions of Section 1240.680
do not apply.
   (2) When a declaratory relief action may not be brought pursuant
to this section, the provisions of Section 1240.680 do not apply.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Ccp > 1240.610-1240.700

CODE OF CIVIL PROCEDURE
SECTION 1240.610-1240.700



1240.610.  Any person authorized to acquire property for a
particular use by eminent domain may exercise the power of eminent
domain to acquire for that use property appropriated to public use if
the use for which the property is sought to be taken is a more
necessary public use than the use to which the property is
appropriated. Where property is sought to be acquired pursuant to
this section, the complaint, and the resolution of necessity if one
is required, shall refer specifically to this section.



1240.620.  If the defendant objects to a taking under Section
1240.610, the defendant has the burden of proof that his property is
appropriated to public use. If it is established that the property is
appropriated to public use, the plaintiff has the burden of proof
that its use satisfies the requirements of Section 1240.610.




1240.630.  (a) Where property is sought to be taken under Section
1240.610, the defendant is entitled to continue the public use to
which the property is appropriated if the continuance of such use
will not unreasonably interfere with or impair, or require a
significant alteration of, the more necessary public use as it is
then planned or exists or may reasonably be expected to exist in the
future.
   (b) If the defendant objects to a taking under this article on the
ground that he is entitled under subdivision (a) to continue the
public use to which the property is appropriated, upon motion of
either party, the court shall determine whether the defendant is
entitled under subdivision (a) to continue the use to which the
property is appropriated; and, if the court determines that the
defendant is so entitled, the parties shall make an agreement
determining the terms and conditions upon which the defendant may
continue the public use to which the property is appropriated, the
terms and conditions upon which the property is taken by the
plaintiff is acquired, and the manner and extent of the use of the
property by each of the parties. Except as otherwise provided by
statute, if the parties are unable to agree, the court shall fix such
terms and conditions and the manner and extent of the use of the
property by each of the parties.


1240.640.  (a) Where property has been appropriated to public use by
any person other than the state, the use thereof by the state for
the same use or any other public use is presumed to be a more
necessary use than the use to which such property has already been
appropriated.
   (b) Where property has been appropriated to public use by the
state, the use thereof by the state is presumed to be a more
necessary use than any use to which such property might be put by any
other person.
   (c) The presumptions established by this section are presumptions
affecting the burden of proof.



1240.650.  (a) Where property has been appropriated to public use by
any person other than a public entity, the use thereof by a public
entity for the same use or any other public use is a more necessary
use than the use to which such property has already been
appropriated.
   (b) Where property has been appropriated to public use by a public
entity, the use thereof by the public entity is a more necessary use
than any use to which such property might be put by any person other
than a public entity.
   (c) Where property which has been appropriated to a public use is
electric, gas, or water public utility property which the public
entity intends to put to the same use, the presumption of a more
necessary use established by subdivision (a) is a rebuttable
presumption affecting the burden of proof, unless the acquiring
public entity is a sanitary district exercising the powers of a
county water district pursuant to Section 6512.7 of the Health and
Safety Code.



1240.660.  Where property has been appropriated to public use by a
local public entity, the use thereof by the local public entity is
presumed to be a more necessary use than any use to which such
property might be put by any other local public entity. The
presumption established by this section is a presumption affecting
the burden of proof.



1240.670.  (a) Subject to Section 1240.690, notwithstanding any
other provision of law, property is presumed to have been
appropriated for the best and most necessary public use if all of the
following are established:
   (1) The property is owned by a nonprofit organization
contributions to which are deductible for state and federal income
tax purposes under the laws of this state and of the United States
and having the primary purpose of preserving areas in their natural
condition.
   (2) The property is open to the public subject to reasonable
restrictions and is appropriated, and used exclusively, for the
preservation of native plants or native animals including, but not
limited to, mammals, birds, and marine life, or biotic communities,
or geological or geographical formations of scientific or educational
interest.
   (3) The property is irrevocably dedicated to such uses so that,
upon liquidation, dissolution, or abandonment of or by the owner,
such property will be distributed only to a fund, foundation, or
corporation whose property is likewise irrevocably dedicated to such
uses, or to a governmental agency holding land for such uses.
   (b) The presumption established by this section is a presumption
affecting the burden of proof.



1240.680.  (a) Subject to Sections 1240.690 and 1240.700,
notwithstanding any other provision of law, property is presumed to
have been appropriated for the best and most necessary public use if
the property is appropriated to public use as any of the following:
   (1) A state, regional, county, or city park, open space, or
recreation area.
   (2) A wildlife or waterfowl management area established by the
Department of Fish and Game pursuant to Section 1525 of the Fish and
Game Code.
   (3) A historic site included in the National Register of Historic
Places or state-registered landmarks.
   (4) An ecological reserve as provided for in Article 4 (commencing
with Section 1580) of Chapter 5 of Division 2 of the Fish and Game
Code.
   (b) The presumption established by this section is a presumption
affecting the burden of proof.



1240.690.  (a) When property described in Section 1240.670 or
1240.680 is sought to be acquired for state highway purposes, and the
property was dedicated or devoted to a use described in those
sections prior to the initiation of highway route location studies,
an action for declaratory relief may be brought by the public entity
or nonprofit organization owning the property in the superior court
to determine the question of which public use is the best and most
necessary public use for the property.
   (b) The action for declaratory relief shall be filed and served
within 120 days after the California Transportation Commission has
published in a newspaper of general circulation pursuant to Section
6061 of the Government Code, and delivered to the public entity or
nonprofit organization owning the property a written notice that a
proposed route or an adopted route includes the property. In the case
of nonprofit organizations, the written notice need only be given to
nonprofit organizations that are on file with the Registrar of
Charitable Trusts of this state.
   (c) In the declaratory relief action, the resolution of the
California Transportation Commission is not conclusive evidence of
the matters set forth in Section 1240.030.
   (d) With respect to property described in Section 1240.670 or
1240.680 which is sought to be acquired for state highway purposes:
   (1) If an action for declaratory relief is not filed and served
within the 120-day period established by subdivision (b), the right
to bring the action is waived and Sections 1240.670 and 1240.680 do
not apply.
   (2) When a declaratory relief action may not be brought pursuant
to this section, Sections 1240.670 and 1240.680 do not apply.



1240.700.  (a) When property described in Section 1240.680 is sought
to be acquired for city or county road, street, or highway purposes,
and such property was dedicated or devoted to regional park,
recreational, or open-space purposes prior to the initiation of road,
street, or highway route location studies, an action for declaratory
relief may be brought in the superior court by the regional park
district which operates the park, recreational, or open-space area to
determine the question of which public use is the best and most
necessary public use for such property.
   (b) The action for declaratory relief shall be filed and served
within 120 days after the city or county, as the case may be, has
published in a newspaper of general circulation pursuant to Section
6061 of the Government Code, and delivered to the regional park
district, a written notice that a proposed route or site or an
adopted route includes such property.
   (c) With respect to property dedicated or devoted to regionl park,
recreational, or open-space purposes which is sought to be acquired
for city or county road, street, or highway purposes:
   (1) If an action for declaratory relief is not filed and served
within the 120-day period established by subdivision (b), the right
to bring such action is waived and the provisions of Section 1240.680
do not apply.
   (2) When a declaratory relief action may not be brought pursuant
to this section, the provisions of Section 1240.680 do not apply.