§ 1235.180.Property Appropriated to Public Use

Taking property that's already devoted to a public use raises different questions than taking raw, undeveloped land, and this definition marks the category that triggers those questions. "Property appropriated to public use" covers two situations: property currently in use for a public purpose, and property set aside for a specific public purpose with the intention of putting it to that use within a reasonable time, even if it isn't being used that way yet.

This definition connects to the heightened necessity questions found elsewhere in the title -- when a condemnor wants to take property already appropriated to a public use, the analysis of whether the proposed new use is the more necessary one becomes central. Section 1240.670 builds on a related concept, presuming certain nonprofit-owned property to have been appropriated for the best and most necessary public use under specified conditions.