California Code of Civil Procedure 1240.640 – (a) Where property has been appropriated to public use by any …
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(a) Where property has been appropriated to public use by any person other than the state, the use thereof by the state for the same use or any other public use is presumed to be 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 the state, the use thereof by the state is presumed to be a more necessary use than any use to which such property might be put by any other person.
Terms Used In California Code of Civil Procedure 1240.640
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
(c) The presumptions established by this section are presumptions affecting the burden of proof.
(Added by Stats. 1975, Ch. 1275.)