SECTIONS 1240.510-1240.530 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1240.510-1240.530

1240.510. Any person authorized to acquire property for a
particular use by eminent domain may exercise the power of eminent
domain to acquire for that use property appropriated to public use if
the proposed use will not unreasonably interfere with or impair the
continuance of the public use as it then exists or may reasonably be
expected to exist in the future. Where property is sought to be
acquired pursuant to this section, the complaint, and the resolution
of necessity if one is required, shall refer specifically to this
section.

1240.520. If the defendant objects to a taking under Section
1240.510, the defendant has the burden of proof that his property is
appropriated to public use. If it is established that the property is
appropriated to public use, the plaintiff has the burden of proof
that its proposed use satisfies the requirements of Section 1240.510.

1240.530. (a) Where property is taken under Section 1240.510, the
parties shall make an agreement determining the terms and conditions
upon which the property is taken and the manner and extent of its use
by each of the parties. Except as otherwise provided by statute, if
the parties are unable to agree, the court shall fix the terms and
conditions upon which the property is taken and the manner and extent
of its use by each of the parties.
(b) If the court determines that the use in the manner proposed by
the plaintiff would not satisfy the requirements of Section
1240.510, the court shall further determine whether the requirements
of Section 1240.510 could be satisfied by fixing terms and conditions
upon which the property may be taken. If the court determines that
the requirements of Section 1240.510 could be so satisfied, the court
shall permit the plaintiff to take the property upon such terms and
conditions and shall prescribe the manner and extent of its use by
each of the parties.
(c) Where property is taken under this article, the court may
order any necessary removal or relocation of structures or
improvements if such removal or relocation would not require any
significant alteration of the use to which the property is
appropriated. Unless otherwise provided by statute, all costs and
damages that result from the relocation or removal shall be paid by
the plaintiff.