Ca_Law

statute | California

Code of Civil Procedure - CCP - CCP § 1240.250

  • UIDca_leginfo_codes:ccp-1240-250
  • CitationCode of Civil Procedure - CCP - CCP § 1240.250
  • Court / bodyCalifornia Legislative Counsel
  • Decision dateN/A
  • CollectionPUBINFO_2025
  • SourceOriginal

Summary

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

Text

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 indicate that the taking is pursuant to the Federal Aid Highway Act of 1973 and shall state the estimated date of use.
(c)
If the defendant objects to the taking, the defendant has the burden of proof
that there is no reasonable probability that the date of use will be within 10 years from the date the complaint is filed. If the defendant proves that there is no reasonable probability that the date of use will be within 10 years from the date the complaint is filed, the plaintiff has the burden of proof that the taking satisfies the requirements of this article.

Retrieval chunks

  • #1 | 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 indicate that the taking is pursua…