§ 1240.670.Presumption Property Appropriated For Best and Most Necessary Public Use

This section extends the more-necessary-use priority framework beyond government entities to a specific category of private conservation land. Property qualifies for the presumption when three conditions all hold: it's owned by a nonprofit organization whose contributions are tax-deductible under state and federal law and whose primary purpose is preserving areas in their natural condition; the property stays open to the public, subject to reasonable restrictions, and is used exclusively to preserve native plants, native animals, biotic communities, or scientifically or educationally significant geological or geographical formations; and the property is irrevocably dedicated to that use, so that if the owning organization ever dissolves or abandons the property, it passes only to another similarly dedicated fund, foundation, corporation, or government agency.

When all three hold, the property is presumed to have been appropriated for the best and most necessary public use, the strongest priority category this article recognizes, outranking ordinary public uses that might otherwise satisfy § 1240.610's more-necessary-use test. Subdivision (b) confirms this is a presumption affecting the burden of proof, so a condemnor has to persuade the court, not just contest the point, to overcome it.

This presumption doesn't operate in isolation. Section 1240.690 gives the affected nonprofit a declaratory-relief remedy when a state highway project targets this kind of property, on a strict 120-day filing deadline tied to formal notice from the California Transportation Commission.