§ 1240.680 Park, open space, recreation, etc. areas; presumption

Codes > California Code of Civil Procedure > Part 3 > Title 7 > 1240.680

§ 1240.680. Park, open space, recreation, etc. areas; presumption

    (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.

        (2) A wildlife or waterfowl management area established by the Department of Fish and Game pursuant to Section 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.