§ 1240.330.Acquisition of Substitute Property Relocation of Public Use to Substitute Property and Conveyance of Substitute Property to Owner of Necessary Property

Section 1240.320 handles substitute condemnation by consent. Section 1240.330 handles it by compulsion, covering a public entity that a court order, judgment in an eminent domain proceeding, or agreement already obligates to relocate a displaced public use and then convey the new site to the owner of the necessary property.

Under those circumstances, the entity may condemn substitute property in its own name, physically relocate the displaced public use onto that substitute property, and then convey the substitute property to the necessary property's owner, completing the obligation the court order, judgment, or agreement already imposed. Three findings support this: the entity is required by that order, judgment, or agreement to relocate the use and convey the relocated property; the substitute property is necessary to comply with that requirement; and the owner will devote the substitute property to the displaced public use.

As with § 1240.320, the resolution of necessity and complaint must specifically reference this section and state the property is necessary for this purpose, carrying the same evidentiary effect under § 1245.250. The practical difference between the two sections is sequencing: § 1240.320 requires the owner's upfront written consent to the exchange, while § 1240.330 responds to an obligation the entity already owes, arising from litigation or a prior agreement, to relocate and convey.