§ 1240.240.Acquisition of Property By Any Means Consented to By Owner
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 3. Future Use · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1240.240
Plain-English Summary
Just as § 1240.150 carves out a consent-based path around the remainder-acquisition rules, § 1240.240 does the same for future-use takings. When the owner expressly consents, a public entity can acquire property intended for future use by any means, including eminent domain, without satisfying the seven-year probability requirement or the burden-of-proof rules the rest of Article 3 imposes.
The reasoning follows a pattern this chapter repeats elsewhere: Article 3's seven-year timeline and burden-shifting rules exist to protect an owner from indefinite or speculative condemnation. An owner who has already consented to the acquisition doesn't need that protection, so this section lets the transaction proceed on the owner's own terms instead.
Frequently Asked Questions
Can a public entity skip the seven-year rule for a future-use taking?
Yes, if the property owner expressly consents to the acquisition by any means, including eminent domain, under § 1240.240.
Why does consent change the analysis?
Article 3's timing and burden-of-proof rules exist to protect owners from open-ended or speculative takings; an owner's express consent removes the need for that protection.
Does this section require eminent domain specifically?
No. It covers any means of acquisition the owner expressly consents to, of which eminent domain is only one example.
Amendment History
Added by Stats. 1975, Ch. 1275.