Notwithstanding any other provision of this article, where property is taken pursuant to the Federal Aid Highway Act of 1973:
§ 1240.250.Property Taken Pursuant to Federal Aid Highway Act of 1973
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
In one sentenceSection 1240.250 extends the future-use window to ten years, instead of seven, for property taken under the Federal Aid Highway Act of 1973, while requiring the resolution and complaint to say so and putting the same burden-shifting proof scheme in place if the defendant objects.
Full Text of § 1240.250
(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 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.
Plain-English Summary
Federal highway projects often run on longer planning horizons than the seven-year default in § 1240.220 allows for. Section 1240.250 responds with a specific extension: for property taken pursuant to the Federal Aid Highway Act of 1973, a date of use within ten years of the complaint's filing is deemed reasonable.
That extension comes with its own disclosure duty. The resolution of necessity and the complaint must indicate the taking is made under the Federal Aid Highway Act of 1973 and must state the estimated date of use, so the defendant knows from the outset which timeline applies.
The burden-of-proof structure mirrors § 1240.230's: if the defendant objects, the defendant must first prove there's no reasonable probability of use within ten years, and only if that proof succeeds does the burden shift to the plaintiff to show the taking otherwise satisfies Article 3's requirements.
Frequently Asked Questions
How long is the future-use window for highway projects under the Federal Aid Highway Act of 1973?
Ten years from the date the complaint is filed, rather than the seven-year default in § 1240.220.
What must the complaint say for this extended timeline to apply?
It must indicate the taking is made pursuant to the Federal Aid Highway Act of 1973 and state the estimated date of use, and the resolution of necessity must do the same.
Who has the burden of proof if a defendant objects to a ten-year future-use taking?
The defendant must first prove there is no reasonable probability of use within ten years; if that succeeds, the plaintiff must then prove the taking satisfies Article 3's requirements.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: federal aid highway act condemnation californiaten year future use highway eminent domain