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

California Statutes

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

California·Code CCP Code of Civil Procedure - CCP·Title 7.·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

(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.

California § 1240.640. (1240.640. (Added by Stats. 1975, Ch. 1275.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.