California Code of Civil Procedure 1240.680 – (a) Subject to Sections 1240.690 and 1240.700, notwithstanding …
(a) Subject to Sections 1240.690 and 1240.700, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if the property is appropriated to public use as any of the following:
(1) A state, regional, county, or city park, open space, or recreation area.
Terms Used In California Code of Civil Procedure 1240.680
- County: includes "city and county. 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
(2) A wildlife or waterfowl management area established by the Department of Fish and Game pursuant to § 1525 of the Fish and Game Code.
(3) A historic site included in the National Register of Historic Places or state-registered landmarks.
(4) An ecological reserve as provided for in Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code.
(b) The presumption established by this section is a presumption affecting the burden of proof.
(Added by Stats. 1975, Ch. 1275, Sec. 3.)