{"code":"CCP","codeName":"Code of Civil Procedure","section":"1240.650","citation":"Code Civ. Proc., § 1240.650","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063. - 1822.60.]","url":"https://blackletter.si/code-of-civil-procedure/part-3"},{"name":"TITLE 7. EMINENT DOMAIN LAW [1230.010. - 1273.050.]","url":"https://blackletter.si/code-of-civil-procedure/part-3/title-7"},{"name":"CHAPTER 3. The Right to Take [1240.010. - 1240.700.]","url":"https://blackletter.si/code-of-civil-procedure/part-3/title-7/chapter-3"},{"name":"ARTICLE 7. Condemnation for More Necessary Public Use [1240.610. - 1240.700.]","url":"https://blackletter.si/code-of-civil-procedure/part-3/title-7/chapter-3/article-7"}],"history":"Amended by Stats. 1992, Ch. 812, Sec. 2.   Effective January 1, 1993.","effective":"1993-01-01","html":"<p>(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.</p><p>(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.</p><p>(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 <a href=\"/hsc/6512.7\">6512.7</a> of the Health and Safety Code.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/code-of-civil-procedure/condemnation-for-more-necessary-public-use-1240-650","source":"California Legislative Information bulk export (pubinfo)"}