2010 California Code
Code of Civil Procedure
Article 3. Future Use

1240.210.  For the purposes of this article, the "date of use" of
property taken for public use is the date when the property is
devoted to that use or when construction is started on the project
for which the property is taken with the intent to complete the
project within a reasonable time. In determining the "date of use,"
periods of delay caused by extraordinary litigation or by failure to
obtain from any public entity any agreement or permit necessary for
construction shall not be included.



1240.220.  (a) 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.
   (b) Unless the plaintiff plans that the date of use of property
taken will be within seven years from the date the complaint is
filed, the complaint, and the resolution of necessity if one is
required, shall refer specifically to this section and shall state
the estimated date of use.


1240.230.  (a) If the defendant objects to a taking for future use,
the burden of proof is as prescribed in this section.
   (b) 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.
   (c) If the defendant proves that there is no reasonable
probability that the date of use will be within seven years from the
date the complaint is filed, or if the complaint states an estimated
date of use that is not within seven years from the date the
complaint is filed, the plaintiff has the burden of proof that a
taking for future use satisfies the requirements of this article.




1240.240.  Notwithstanding any other provision of this article, 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.


1240.250.  Notwithstanding any other provision of this article,
where property is taken pursuant to the Federal Aid Highway Act of
1973:
   (a) A date of use within 10 years from the date the complaint is
filed shall be deemed reasonable.
   (b) The resolution of necessity and the complaint shall indicate
that the taking is pursuant to the Federal Aid Highway Act of 1973
and shall state the estimated date of use.
   (c) If the defendant objects to the taking, the defendant has the
burden of proof that there is no reasonable probability that the date
of use will be within 10 years from the date the complaint is filed.
If the defendant proves that there is no reasonable probability that
the date of use will be within 10 years from the date the complaint
is filed, the plaintiff has the burden of proof that the taking
satisfies the requirements of this article.