§ 1250.360. — 1250.360. (Added by Stats. 1975, Ch. 1275.)

California § 1250.360.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 7.
• Part 3.: TITLE 7. EMINENT DOMAIN LAW
• Ch. 5.: CHAPTER 5. Commencement of Proceeding
• Art. 5.: ARTICLE 5. Objections to Right to Take

Text

Grounds for objection to the right to take, regardless of whether the plaintiff has adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4, include:
(a)
The plaintiff is not authorized by statute to exercise the power of eminent domain for the purpose stated in the complaint.
(b)
The stated purpose is not a public use.
(c)
The plaintiff does not intend to devote the property described in the complaint to
the stated purpose.
(d)
There is no reasonable probability that the plaintiff will devote the described property to the stated purpose within (1) seven years, or (2) 10 years where the property is taken pursuant to the Federal Aid Highway Act of 1973, or (3) such longer period as is reasonable.
(e)
The described property is not subject to acquisition by the power of eminent domain for the stated purpose.
(f)
The described property is sought to be acquired pursuant to Section 1240.410 (excess condemnation), 1240.510 (condemnation for compatible use), or 1240.610 (condemnation for more necessary public use), but the acquisition does not satisfy the requirements of those provisions.
(g)
The described property is sought to be acquired pursuant to Section
1240.610 (condemnation for more necessary public use), but the defendant has the right under Section 1240.630 to continue the public use to which the property is appropriated as a joint use.
(h)
Any other ground provided by law.

Legislative History

Added by Stats. 1975, Ch. 1275.