CHAPTER 3. The Right to Take [1240.010. - 1240.700.]

Chapter 3 added by Stats. 1975, Ch. 1275.

§§ 1240.010–1240.700 · 39 sections

1. ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain §§ 1240.010–1240.055 · 6 sections

   • § 1240.010 The power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object,…
   • § 1240.020 The power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the power of eminent…
   • § 1240.030 The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest…
   • § 1240.040 A public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity that meets the requirements of Article 2 (commencing…
   • § 1240.050 A local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property…
   • § 1240.055 (a) As used in this section, the following terms have the following meanings: (1) “Conservation easement” means a conservation easement as defined in Section…
2. ARTICLE 2. Rights Included in Grant of Eminent Domain Authority §§ 1240.110–1240.160 · 7 sections

   • § 1240.110 (a) Except to the extent limited by statute, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent…
   • § 1240.120 (a) Subject to any other statute relating to the acquisition of property, any person authorized to acquire property for a particular use by eminent domain may…
   • § 1240.125 Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent…
   • § 1240.130 Subject to any other statute relating to the acquisition of property, any public entity authorized to acquire property for a particular use by eminent domain…
   • § 1240.140 (a) As used in this section, “public agencies” includes all those agencies included within the definition of “public agency” in Section 6500 of the Government…
   • § 1240.150 Whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be…
   • § 1240.160 (a) None of the provisions of this article is intended to limit, or shall limit, any other provision of this article, each of which is a distinct and separate…
3. ARTICLE 3. Future Use §§ 1240.210–1240.250 · 5 sections

   • § 1240.210 For the purposes of this article, the “date of use” of property taken for public use is the date when the property is devoted to that use or when construction…
   • § 1240.220 (a) Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property to be used in…
   • § 1240.230 (a) If the defendant objects to a taking for future use, the burden of proof is as prescribed in this section. (b) Unless the complaint states an estimated…
   • § 1240.240 Notwithstanding any other provision of this article, any public entity authorized to acquire property for a particular use by eminent domain may acquire…
   • § 1240.250 Notwithstanding any other provision of this article, where property is taken pursuant to the Federal Aid Highway Act of 1973: (a) A date of use within 10 years…
4. ARTICLE 4. Substitute Condemnation §§ 1240.310–1240.350 · 4 sections

   • § 1240.310 As used in this article: (a) “Necessary property” means property to be used for a public use for which the public entity is authorized to acquire property by…
   • § 1240.320 (a) Any public entity authorized to exercise the power of eminent domain to acquire property for a particular use may exercise the power of eminent domain to…
   • § 1240.330 (a) Where necessary property is devoted to public use, any public entity authorized to exercise the power of eminent domain to acquire such property for a…
   • § 1240.350 (a) Whenever a public entity acquires property for a public use and exercises or could have exercised the power of eminent domain to acquire such property for…
5. ARTICLE 5. Excess Condemnation §§ 1240.410–1240.430 · 3 sections

   • § 1240.410 (a) As used in this section, “remnant” means a remainder or portion thereof that will be left in such size, shape, or condition as to be of little market…
   • § 1240.420 When property is sought to be acquired pursuant to Section 1240.410, the resolution of necessity and the complaint filed pursuant to such resolution shall…
   • § 1240.430 A public entity may sell, lease, exchange, or otherwise dispose of property taken under this article and may credit the proceeds to the fund or funds available…
6. ARTICLE 6. Condemnation for Compatible Use §§ 1240.510–1240.530 · 3 sections

   • § 1240.510 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…
   • § 1240.520 If the defendant objects to a taking under Section 1240.510, the defendant has the burden of proof that his property is appropriated to public use. If it is…
   • § 1240.530 (a) Where property is taken under Section 1240.510, the parties shall make an agreement determining the terms and conditions upon which the property is taken…
7. ARTICLE 7. Condemnation for More Necessary Public Use §§ 1240.610–1240.700 · 11 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 1240.655 (a) If Golden State Energy commences an eminent domain action to acquire Pacific Gas and Electric Company property, including any franchise rights and stock,…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…