SECTIONS 1250.350-1250.370 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1250.350-1250.370

1250.350. A defendant may object to the plaintiff's right to take,
by demurrer or answer as provided in Section 430.30, on any ground
authorized by Section 1250.360 or Section 1250.370. The demurrer or
answer shall state the specific ground upon which the objection is
taken and, if the objection is taken by answer, the specific facts
upon which the objection is based. An objection may be taken on more
than one ground, and the grounds may be inconsistent.

1250.360. 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.

1250.370. In addition to the grounds listed in Section 1250.360,
grounds for objection to the right to take where the plaintiff has
not adopted a resolution of necessity that conclusively establishes
the matters referred to in Section 1240.030 include:
(a) The plaintiff is a public entity and has not adopted a
resolution of necessity that satisfies the requirements of Article 2
(commencing with Section 1245.210) of Chapter 4.
(b) The public interest and necessity do not require the proposed
project.
(c) The proposed project is not planned or located in the manner
that will be most compatible with the greatest public good and the
least private injury.
(d) The property described in the complaint is not necessary for
the proposed project.
(e) The plaintiff is a quasi-public entity within the meaning of
Section 1245.320 and has not satisfied the requirements of Article 3
(commencing with Section 1245.310) of Chapter 4.