SECTIONS 1240.410-1240.430 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1240.410-1240.430

1240.410. (a) As used in this section, "remnant" means a remainder
or portion thereof that will be left in such size, shape, or
condition as to be of little market value.
(b) Whenever the acquisition by a public entity by eminent domain
of part of a larger parcel of property will leave a remnant, the
public entity may exercise the power of eminent domain to acquire the
remnant in accordance with this article.
(c) Property may not be acquired under this section if the
defendant proves that the public entity has a reasonable,
practicable, and economically sound means to prevent the property
from becoming a remnant.

1240.420. When property is sought to be acquired pursuant to
Section 1240.410, the resolution of necessity and the complaint filed
pursuant to such resolution shall specifically refer to that
section. It shall be presumed from the adoption of the resolution
that the taking of the property is authorized under Section 1240.410.
This presumption is a presumption affecting the burden of producing
evidence.

1240.430. A public entity may sell, lease, exchange, or otherwise
dispose of property taken under this article and may credit the
proceeds to the fund or funds available for acquisition of the
property being acquired for the public work or improvement. Nothing
in this section relieves a public entity from complying with any
applicable statutory procedures governing the disposition of
property.