California § 1240.650. 1240.650. (Amended by Stats. 1992, Ch. 812, Sec. 2.)

California Statutes

§ 1240.650. — 1240.650. (Amended by Stats. 1992, Ch. 812, Sec. 2.)

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 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 th

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(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.

California § 1240.650. (1240.650. (Amended by Stats. 1992, Ch. 812, Sec. 2.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.