Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the proposed use will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future. Where property is sought to be acquired pursuant to this section, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section.
§ 1240.510.Acquisition of Property Appropriated to Public Use
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 6. Condemnation for Compatible Use · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1240.510 lets an authorized condemnor take property already appropriated to a public use for a new, different public use, so long as the new use will not unreasonably interfere with or impair the existing use as it currently exists or may reasonably be expected to exist later, provided the complaint specifically references this section.
Full Text of § 1240.510
Plain-English Summary
Property already devoted to one public use isn't automatically off-limits to a second condemnor with a different public use in mind. Section 1240.510 lets that second condemnor take the property, so long as its proposed use won't unreasonably interfere with or impair the existing use, either as that use currently exists or as it may reasonably be expected to exist in the future.
"Compatible use" is the label this article's heading gives that idea: two public uses sharing, or coexisting on, the same property, neither one crowding out the other. That's distinct from Article 7's more-necessary-use doctrine, which lets one use displace another entirely when the new use is more necessary. Section 1240.510 instead asks only whether the two uses can coexist without unreasonable interference.
Whenever property is sought under this section, the complaint and any required resolution of necessity must specifically reference § 1240.510, putting the existing public-use holder on notice of exactly which theory the condemnor is relying on.
Frequently Asked Questions
Can a public entity condemn property that's already being used for a different public purpose?
Yes, under § 1240.510, if the new use won't unreasonably interfere with or impair the existing use as it currently exists or may reasonably be expected to exist in the future.
How is "compatible use" different from the "more necessary public use" doctrine in Article 7?
Compatible use under § 1240.510 asks whether two public uses can coexist without unreasonable interference; the more-necessary-use doctrine in Article 7 instead lets one use displace another entirely when the new use is more necessary.
What must the complaint say for a compatible-use taking?
It must specifically refer to § 1240.510, as must any required resolution of necessity.
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: compatible use eminent domain californiacondemning property already used for public purpose