California Code of Civil Procedure

§ 1240.330

CCP § 1240.330Title 7 · Part 3 · Ch. 3 · Art. 4

Statute text

(a)Where necessary property is devoted to public use, any public entity authorized to exercise the power of eminent domain to acquire such property for a particular use may exercise the power of eminent domain to acquire substitute property in its own name, relocate on such substitute property the public use to which necessary property is devoted, and thereafter convey the substitute property to the owner of the necessary property if all of the following are established:

(1)The public entity is required by court order or judgment in an eminent domain proceeding, or by agreement with the owner of the necessary property, to relocate the public use to which the necessary property is devoted and thereafter to convey the property upon which the public use has been relocated to the owner of the necessary property.

(2)The substitute property is necessary for compliance with the court order or judgment or agreement.

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Legislative history

Added by Stats. 1975, Ch. 1275.