Future Use in Eminent Domain Law

Code of Civil Procedure Part 3, Title 7, Chapter 3, Article 3 deals with future use in the right to take law in California.

Section 1240.210 defines the term “date of use.”

Section 1240.220 provides that any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property to be used in the future for that use, but property may be taken for future use only if there is a reasonable probability that its date of use will be within seven years from the date the complaint is filed or within such longer period as is reasonable.

Section 1240.230 specifies that, if the defendant objects to a taking for future use, the burden of proof is as prescribed in this section. Unless the complaint states an estimated date of use that is not within seven years from the date the complaint is filed, the defendant has the burden of proof that there is no reasonable probability that the date of use will be within seven years from the date the complaint is filed.

Section 1240.240 states that any public entity authorized to acquire property for a particular use by eminent domain may acquire property to be used in the future for that use by any means (including eminent domain) expressly consented to by its owner.

Section 1240.250 provides that, where property is taken pursuant to the Federal Aid Highway Act of 1973, three specified provisions must be followed.