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California · Through 2026-09-13

CCP § 1240.650

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Where this section sits in the code
  1. Code of Civil Procedure - CCP
  2. PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063. - 1822.60.]
  3. TITLE 7. EMINENT DOMAIN LAW [1230.010. - 1273.050.]
  4. CHAPTER 3. The Right to Take [1240.010. - 1240.700.]
  5. ARTICLE 7. Condemnation for More Necessary Public Use [1240.610. - 1240.700.]

(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.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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