2007 California Code of Civil Procedure Article 4. Substitute Condemnation

CA Codes (ccp:1240.310-1240.350)

1240.310.  As used in this article:
   (a) "Necessary property" means property to be used for a public
use for which the public entity is authorized to acquire property by
eminent domain.
   (b) "Substitute property" means property to be exchanged for
necessary property.



1240.320.  (a) Any public entity authorized to exercise the power of
eminent domain to acquire property for a particular use may exercise
the power of eminent domain to acquire for that use substitute
property if all of the following are established:
   (1) The owner of the necessary property has agreed in writing to
the exchange.
   (2) The necessary property is devoted to or held for some public
use and the substitute property will be devoted to or held for the
same public use by the owner of the necessary property.
   (3) The owner of the necessary property is authorized to exercise
the power of eminent domain to acquire the substitute property for
such use.
   (b) Where property is sought to be acquired pursuant to this
section, the resolution of necessity and the complaint filed pursuant
to such resolution shall specifically refer to this section and
shall include a statement that the property is necessary for the
purpose specified in this section.  The determination in the
resolution that the taking of the substitute property is necessary
has the effect prescribed in Section 1245.250.



1240.330.  (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.
   (3) The owner of the necessary property will devote the substitute
property to the public use being displaced from the necessary
property.
   (b) Where property is sought to be acquired pursuant to this
section, the resolution of necessity and the complaint filed pursuant
to such resolution shall specifically refer to this section and
shall include a statement that the property is necessary for the
purpose specified in this section.  The determination in the
resolution that the taking of the substitute property is necessary
has the effect prescribed in Section 1245.250.



1240.350.  (a) Whenever a public entity acquires property for a
public use and exercises or could have exercised the power of eminent
domain to acquire such property for such use, the public entity may
exercise the power of eminent domain to acquire such additional
property as appears reasonably necessary and appropriate (after
taking into account any hardship to the owner of the additional
property) to provide utility service to, or access to a public road
from, any property that is not acquired for such public use but which
is cut off from utility service or access to a public road as a
result of the acquisition by the public entity.
   (b) Where property is sought to be acquired pursuant to this
section, the resolution of necessity and the complaint filed pursuant
to such resolution shall specifically refer to this section and
shall include a statement that the property is necessary for the
purpose specified in this section.  The determination in the
resolution that the taking of the substitute property is necessary
has the effect prescribed in Section 1245.250.