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

California § 1240.650.

• Jurisdiction: 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

Text

(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.

Legislative History

Amended by Stats. 1992, Ch. 812, Sec. 2. Effective January 1, 1993.