If the defendant objects to a taking under Section 1240.610, the defendant has the burden of proof that his property is appropriated to public use. If it is established that the property is appropriated to public use, the plaintiff has the burden of proof that its use satisfies the requirements of Section 1240.610.
§ 1240.620.Burden of Proof
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 7. Condemnation for More Necessary Public Use · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1240.620 requires a defendant objecting to a more-necessary-use taking to first prove the property is appropriated to public use, then shifts the burden to the plaintiff to prove its proposed use satisfies § 1240.610's more-necessary-use requirement.
Full Text of § 1240.620
Plain-English Summary
The burden-of-proof structure here tracks § 1240.520's compatible-use rule exactly, applied instead to more-necessary-use claims. A defendant objecting to a taking under § 1240.610 has to first prove the property is appropriated to public use.
Once that threshold fact is established, the burden shifts to the plaintiff, who must then prove that its use satisfies § 1240.610's requirement, that the new use is more necessary than the use already on the property. That burden, and the presumptions layered on top of it by §§ 1240.640 through 1240.660, does most of the real work in more-necessary-use disputes.
Frequently Asked Questions
Who proves the property is appropriated to public use in a more-necessary-use case?
The defendant, if the defendant objects to the taking on that basis.
Who then proves the new use is more necessary?
The plaintiff, who must prove its use satisfies § 1240.610's requirement.
Do any presumptions affect this burden of proof?
Yes. Sections 1240.640 through 1240.660 supply presumptions about relative necessity depending on whether the state, another public entity, or a local public entity is the condemnor.
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: burden of proof more necessary use california