§ 1240.700. — 1240.700. (Added by Stats. 1975, Ch. 1275.)

California § 1240.700.

• 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)
When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated or devoted to regional park, recreational, or open-space purposes prior to the initiation of road, street, or highway route location studies, an action for declaratory relief may be brought in the superior court by the regional park district which operates the park, recreational, or open-space area to determine the question of which public use is the best and most necessary public use for such property.
(b)
The action for
declaratory relief shall be filed and served within 120 days after the city or county, as the case may be, has published in a newspaper of general circulation pursuant to Section 6061 of the Government Code, and delivered to the regional park district, a written notice that a proposed route or site or an adopted route includes such property.
(c)
With respect to property dedicated or devoted to regionl park, recreational, or open-space purposes which is sought to be acquired for city or county road, street, or highway purposes:
(1)
If an action for declaratory relief is not filed and served within the 120-day period established by subdivision (b), the right to bring such action is waived and the provisions of Section 1240.680 do not apply.
(2)
When a declaratory relief action may not be brought pursuant to this
section, the provisions of Section 1240.680 do not apply.

Legislative History

Added by Stats. 1975, Ch. 1275.