§ 1240.250 Taking pursuant to federal highway act

Codes > California Code of Civil Procedure > Part 3 > Title 7 > 1240.250

§ 1240.250. Taking pursuant to federal highway act

    Notwithstanding any other provision of this article, where property is taken pursuant to the Federal Aid Highway Act of 1973 [FN1]:

    (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 [FN1] 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.

    [FN1] 23 U.S.C.A. § 101 et seq.