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Code of Civil Procedure - CCP - CCP § 1240.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 Code. (b) Two or more public agencies may enter into an agreement for the joint exercise of their respective powers of em

Code of Civil Procedure - CCP - CCP § 1240.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 left in such size, shape, or condition as to be of little value to its owner or to give rise to a claim for severance or ot

Code of Civil Procedure - CCP - CCP § 1240.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 authorization. (b) None of the provisions of Article 2 (commencing with Section 1240.110), Article 3 (commencing with Sec

Code of Civil Procedure - CCP - CCP § 1240.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 is started on the project for which the property is taken with the intent to complete the project within a reasonable tim

Code of Civil Procedure - CCP - CCP § 1240.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 the future for that use, but property may be taken for future use only if there is a reasonable probability that its dat

Code of Civil Procedure - CCP - CCP § 1240.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 date of use that is not within seven years from the date the complaint is filed, the defendant has the burden of proof that

Code of Civil Procedure - CCP - CCP § 1240.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 property to be used in the future for that use by any means (including eminent domain) expressly consented to by its owner.

Code of Civil Procedure - CCP - CCP § 1240.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 from the date the complaint is filed shall be deemed reasonable. (b) The resolution of necessity and the complaint shall

Code of Civil Procedure - CCP - CCP § 1240.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 eminent domain. (b) “Substitute property” means property to be exchanged for necessary property.

Code of Civil Procedure - CCP - CCP § 1240.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 acquire for that use substitute property if all of the following are established: (1) The owner of the necessary property

Code of Civil Procedure - CCP - CCP § 1240.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 particular use may exercise the power of eminent domain to acquire substitute property in its own name, relocate on such subs

Code of Civil Procedure - CCP - CCP § 1240.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 such use, the public entity may exercise the power of eminent domain to acquire such additional property as appears reaso

Code of Civil Procedure - CCP - CCP § 1240.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 value. (b) Whenever the acquisition by a public entity by eminent domain of part of a larger parcel of property will leave a r

Code of Civil Procedure - CCP - CCP § 1240.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 specifically refer to that section. It shall be presumed from the adoption of the resolution that the taking of the property

Code of Civil Procedure - CCP - CCP § 1240.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 for acquisition of the property being acquired for the public work or improvement. Nothing in this section relieves a pu

Code of Civil Procedure - CCP - CCP § 1240.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 appropriated to public use if the proposed use will not unreasonably interfere with or impair the continuance of the public u

Code of Civil Procedure - CCP - CCP § 1240.520

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 established that the property is appropriated to public use, the plaintiff has the burden of proof that its proposed use sa

Code of Civil Procedure - CCP - CCP § 1240.530

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 and the manner and extent of its use by each of the parties. Except as otherwise provided by statute, if the parties are u

Code of Civil Procedure - CCP - CCP § 1240.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 us

Code of Civil Procedure - CCP - CCP § 1240.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 1240.630

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 m

Code of Civil Procedure - CCP - CCP § 1240.640

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pro

Code of Civil Procedure - CCP - CCP § 1240.650

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 proper

Code of Civil Procedure - CCP - CCP § 1240.655

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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, pursuant to Section 713 of the Public Utilities Code, that acquisition is for a more necessary public use pursuant to Sect

Code of Civil Procedure - CCP - CCP § 1240.660

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 se