PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE 1063-1822.60›TITLE 7. EMINENT DOMAIN LAW 1230.010-1273.050›CHAPTER 3. The Right to Take 1240.010-1240.700›ARTICLE 7. Condemnation for More Necessary Public Use 1240.610-1240.700
§ 1240.650
California Code of Civil Procedure · 2020-11 edition · updated 2026-10-04 · California
(a) Where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for the same use or any other public use is a more necessary use than the use to which such property has already been appropriated.
(b) Where property has been appropriated to public use by a public entity, the use thereof by the public entity is a more necessary use than any use to which such property might be put by any person other than a public entity.
(c) Where property which has been appropriated to a public use is electric, gas, or water public utility property which the public entity intends to put to the same use, the presumption of a more necessary use established by subdivision (a) is a rebuttable presumption affecting the burden of proof, unless the acquiring public entity is a sanitary district exercising the powers of a county water district pursuant to Section 6512.7 of the Health and Safety Code.
(Amended by Stats. 1992, Ch. 812, Sec. 2. Effective January 1, 1993.)
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