reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 1 - Construction › Section 1235.040.

1235.040. Unless otherwise expressly stated:
(a) “Chapter” means a chapter of this title.
(b) “Article” means an article of the chapter in which that term occurs.
(c) “Section” means a section of this code.
(d) “Subdivision” means a subdivision of the section in which that term occurs.
(e) “Paragraph” means a paragraph of the subdivision in which that term occurs.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 1 - Construction › Section 1235.050.

1235.050. The present tense includes the past and future tenses; and the future, the present.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 1 - Construction › Section 1235.060.

1235.060. “Shall” is mandatory and “may” is permissive.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 1 - Construction › Section 1235.070.

1235.070. If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title that can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.110.

1235.110. Unless the provision or context otherwise requires, these definitions govern the construction of this title.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.120.

1235.120. “Final judgment” means a judgment with respect to which all possibility of direct attack by way of appeal, motion for a new trial, or motion under Section 663 to vacate the judgment has been exhausted.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.125.

1235.125. When used with reference to property, “interest” includes any right, title, or estate in property.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.130.

1235.130. “Judgment” means the judgment determining the right to take the property by eminent domain and fixing the amount of compensation to be paid by the plaintiff.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.140.

1235.140. “Litigation expenses” includes both of the following:
(a) All expenses reasonably and necessarily incurred in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings.
(b) Reasonable attorney’s fees, appraisal fees, and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect the defendant’s interests in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings whether such fees were incurred for services rendered before or after the filing of the complaint.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.150.

1235.150. “Local public entity” means any public entity other than the state.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.155.

1235.155. “Nonprofit, special use property” means property which is operated for a special nonprofit, tax-exempt use such as a school, church, cemetery, hospital, or similar property. “Nonprofit, special use property” does not include property owned by a public entity.
(Added by Stats. 1992, Ch. 7, Sec. 1. Effective January 1, 1993.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.160.

1235.160. “Person” includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation.
(Amended by Stats. 1994, Ch. 1010, Sec. 63. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.165.

1235.165. “Proceeding” means an eminent domain proceeding under this title.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.170.

1235.170. “Property” includes real and personal property and any interest therein.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.180.

1235.180. “Property appropriated to public use” means property either already in use for a public purpose or set aside for a specific public purpose with the intention of using it for such purpose within a reasonable time.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.190.

1235.190. “Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision in the state.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.193.

1235.193. “Electric, gas, or water public utility property” means property appropriated to a public use by a public utility, as defined in Section 218, 222, or 241 of the Public Utilities Code.
(Added by Stats. 1992, Ch. 812, Sec. 1. Effective January 1, 1993.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.195.

1235.195. “Resolution” includes ordinance.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.200.

1235.200. “State” means the State of California and includes the Regents of the University of California.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 2 - Principles of Construction; Definitions › ARTICLE 2 - Words and Phrases Defined › Section 1235.210.

1235.210. “Statute” means a constitutional provision or statute, but does not include a charter provision or ordinance.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 1 - General Limitations on Exercise of Power of Eminent Domain › Section 1240.010.

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, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 1 - General Limitations on Exercise of Power of Eminent Domain › Section 1240.020.

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 domain to acquire such property for that use.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 1 - General Limitations on Exercise of Power of Eminent Domain › Section 1240.030.

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 and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
(c) The property sought to be acquired is necessary for the project.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 1 - General Limitations on Exercise of Power of Eminent Domain › Section 1240.040.

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 with Section 1245.210) of Chapter 4.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 1 - General Limitations on Exercise of Power of Eminent Domain › Section 1240.050.

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 outside its limits is expressly granted by statute or necessarily implied as an incident of one of its other statutory powers.
(Added by Stats. 1975, Ch 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 2 - Rights Included in Grant of Eminent Domain Authority › Section 1240.110.

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 domain to acquire any interest in property necessary for that use including, but not limited to, submerged lands, rights of any nature in water, subsurface rights, airspace rights, flowage or flooding easements, aircraft noise or operation easements, right of temporary occupancy, public utility facilities and franchises, and franchises to collect tolls on a bridge or highway.
(b) Where a statute authorizes the acquisition by eminent domain only of specified interests in or types of property, this section does not expand the scope of the authority so granted.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 2 - Rights Included in Grant of Eminent Domain Authority › Section 1240.120.

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 exercise the power of eminent domain to acquire property necessary to carry out and make effective the principal purpose involved including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the project.
(b) Subject to any applicable procedures governing the disposition of property, a person may acquire property under subdivision (a) with the intent to sell, lease, exchange, or otherwise dispose of the property, or an interest therein, subject to such reservations or restrictions as are necessary to protect or preserve the attractiveness, safety, and usefulness of the project.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 2 - Rights Included in Grant of Eminent Domain Authority › Section 1240.125.

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 domain outside its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes if it is authorized to acquire property by eminent domain for the purposes for which the property is to be acquired.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 2 - Rights Included in Grant of Eminent Domain Authority › Section 1240.130.

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 may also acquire such property for such use by grant, purchase, lease, gift, devise, contract, or other means.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 2 - Rights Included in Grant of Eminent Domain Authority › Section 1240.140.

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 eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel. Such agreement shall be entered into and performed pursuant to the provisions of Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 2 - Rights Included in Grant of Eminent Domain Authority › Section 1240.150.

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 other damages, the public entity may acquire the remainder, or portion of the remainder, by any means (including eminent domain) expressly consented to by the owner.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 2 - Rights Included in Grant of Eminent Domain Authority › Section 1240.160.

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 Section 1240.210), Article 4 (commencing with Section 1240.310), Article 5 (commencing with Section 1240.410), Article 6 (commencing with Section 1240.510), or Article 7 (commencing with Section 1240.610) is intended to limit, or shall limit, the provisions of any other of the articles, each of which articles is a distinct and separate authorization.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 3 - Future Use › Section 1240.210.

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 time. In determining the “date of use,” periods of delay caused by extraordinary litigation or by failure to obtain from any public entity any agreement or permit necessary for construction shall not be included.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 3 - Future Use › Section 1240.220.

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 date of use will be within seven years from the date the complaint is filed or within such longer period as is reasonable.
(b) Unless the plaintiff plans that the date of use of property taken will be within seven years from the date the complaint is filed, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section and shall state the estimated date of use.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 3 - Future Use › Section 1240.230.

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 there is no reasonable probability that the date of use will be within seven years from the date the complaint is filed.
(c) If the defendant proves that there is no reasonable probability that the date of use will be within seven years from the date the complaint is filed, or if the complaint states an estimated date of use that is not within seven years from the date the complaint is filed, the plaintiff has the burden of proof that a taking for future use satisfies the requirements of this article.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 3 - Future Use › Section 1240.240.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 3 - Future Use › Section 1240.250.

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 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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 4 - Substitute Condemnation › Section 1240.310.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 4 - Substitute Condemnation › Section 1240.320.

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 has agreed in writing to the exchange.
(2) The necessary property is devoted to or held for some public use and the substitute property will be devoted to or held for the same public use by the owner of the necessary property.
(3) The owner of the necessary property is authorized to exercise the power of eminent domain to acquire the substitute property for such use.
(b) Where property is sought to be acquired pursuant to this section, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to this section and shall include a statement that the property is necessary for the purpose specified in this section. The determination in the resolution that the taking of the substitute property is necessary has the effect prescribed in Section 1245.250.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 4 - Substitute Condemnation › Section 1240.330.

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 substitute property the public use to which necessary property is devoted, and thereafter convey the substitute property to the owner of the necessary property if all of the following are established:
(1) The public entity is required by court order or judgment in an eminent domain proceeding, or by agreement with the owner of the necessary property, to relocate the public use to which the necessary property is devoted and thereafter to convey the property upon which the public use has been relocated to the owner of the necessary property.
(2) The substitute property is necessary for compliance with the court order or judgment or agreement.
(3) The owner of the necessary property will devote the substitute property to the public use being displaced from the necessary property.
(b) Where property is sought to be acquired pursuant to this section, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to this section and shall include a statement that the property is necessary for the purpose specified in this section. The determination in the resolution that the taking of the substitute property is necessary has the effect prescribed in Section 1245.250.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 4 - Substitute Condemnation › Section 1240.350.

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 reasonably necessary and appropriate (after taking into account any hardship to the owner of the additional property) to provide utility service to, or access to a public road from, any property that is not acquired for such public use but which is cut off from utility service or access to a public road as a result of the acquisition by the public entity.
(b) Where property is sought to be acquired pursuant to this section, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to this section and shall include a statement that the property is necessary for the purpose specified in this section. The determination in the resolution that the taking of the substitute property is necessary has the effect prescribed in Section 1245.250.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 5 - Excess Condemnation › Section 1240.410.

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 remnant, the public entity may exercise the power of eminent domain to acquire the remnant in accordance with this article.
(c) Property may not be acquired under this section if the defendant proves that the public entity has a reasonable, practicable, and economically sound means to prevent the property from becoming a remnant.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 5 - Excess Condemnation › Section 1240.420.

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 is authorized under Section 1240.410. This presumption is a presumption affecting the burden of producing evidence.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 5 - Excess Condemnation › Section 1240.430.

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 public entity from complying with any applicable statutory procedures governing the disposition of property.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 6 - Condemnation for Compatible Use › Section 1240.510.

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 use as it then exists or may reasonably be expected to exist in the future. 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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 6 - Condemnation for Compatible Use › Section 1240.520.

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 satisfies the requirements of Section 1240.510.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 6 - Condemnation for Compatible Use › Section 1240.530.

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 unable to agree, the court shall fix the terms and conditions upon which the property is taken and the manner and extent of its use by each of the parties.
(b) If the court determines that the use in the manner proposed by the plaintiff would not satisfy the requirements of Section 1240.510, the court shall further determine whether the requirements of Section 1240.510 could be satisfied by fixing terms and conditions upon which the property may be taken. If the court determines that the requirements of Section 1240.510 could be so satisfied, the court shall permit the plaintiff to take the property upon such terms and conditions and shall prescribe the manner and extent of its use by each of the parties.
(c) Where property is taken under this article, the court may order any necessary removal or relocation of structures or improvements if such removal or relocation would not require any significant alteration of the use to which the property is appropriated. Unless otherwise provided by statute, all costs and damages that result from the relocation or removal shall be paid by the plaintiff.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.610.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.620.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.630.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.640.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.650.

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.
(Amended by Stats. 1992, Ch. 812, Sec. 2. Effective January 1, 1993.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.655.

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 Section 1240.610. Golden State Energy may exclude from the acquisition only property not directly related to providing electrical or gas service.
(b) For purposes of this section, the following definitions apply:
(1) “Golden State Energy” has the same meaning as defined in Section 222.5 of the Public Utilities Code.
(2) “Pacific Gas and Electric Company” means Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of the foregoing holding any assets related to the provision of electrical or gas service within Pacific Gas and Electric Company’s service territory, and any successor to any of the foregoing.
(Added by Stats. 2020, Ch. 27, Sec. 3. (SB 350) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.660.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.670.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.680.

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.
(Added by Stats. 1975, Ch. 1275, Sec. 3.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.690.

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.
(Amended by Stats. 1982, Ch. 681, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 3 - The Right to Take › ARTICLE 7 - Condemnation for More Necessary Public Use › Section 1240.700.

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.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 4 - Precondemnation Activities › ARTICLE 1 - Preliminary Location, Survey, and Tests › Section 1245.010.

1245.010. Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 4 - Precondemnation Activities › ARTICLE 1 - Preliminary Location, Survey, and Tests › Section 1245.020.

1245.020. In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under Section 1245.060, before making that entry and undertaking those activities, the person shall secure at least one of the following:
(a) The written consent of the owner to enter upon the owner’s property and to undertake those activities.
(b) An order for entry from the superior court in accordance with Section 1245. 030.
(Amended by Stats. 2021, Ch. 401, Sec. 3. (AB 1578) Effective January 1, 2022.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 4 - Precondemnation Activities › ARTICLE 1 - Preliminary Location, Survey, and Tests › Section 1245.030.

1245.030. (a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the property as the court determines is appropriate under the circumstances of the particular case.
(b) Upon such petition and after such notice has been given, the court shall determine the purpose for the entry, the nature and scope of the activities reasonably necessary to accomplish such purpose, and the probable amount of compensation to be paid to the owner of the property for the actual damage to the property and interference with its possession and use.
(c) After such determination, the court may issue its order permitting the entry. The order shall prescribe the purpose for the entry and the nature and scope of the activities to be undertaken and shall require the person seeking to enter to deposit with the court the probable amount of compensation.
(Added by Stats. 1975, Ch. 1275.)