California § 1240.640. 1240.640. (Added by Stats. 1975, Ch. 1275.)

California Statutes

§ 1240.640. — 1240.640. (Added by Stats. 1975, Ch. 1275.)

California § 1240.640.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title7.

Part 3.TITLE 7. EMINENT DOMAIN LAW

Ch. 3.CHAPTER 3. The Right to Take

Art. 7.ARTICLE 7. Condemnation for More Necessary Public Use

This text of California § 1240.640. (1240.640. (Added by Stats. 1975, Ch. 1275.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 1240.640. (2026).

Text

(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.

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(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.