§ 1240.680.Presumption Property Appropriated For Best and Most Necessary Public Use
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 1240.680 presumes, subject to rebuttal on the burden of proof, that property appropriated as a park, open space or recreation area, a wildlife or waterfowl management area, a National Register historic site or state landmark, or a designated ecological reserve has been appropriated for the best and most necessary public use.
(a)Subject to Sections 1240.690 and 1240.700, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if the property is appropriated to public use as any of the following:
(1)A state, regional, county, or city park, open space, or recreation area.
(2)A wildlife or waterfowl management area established by the Department of Fish and Game pursuant to Section 1525 of the Fish and Game Code.
(3)A historic site included in the National Register of Historic Places or state-registered landmarks.
(4)An ecological reserve as provided for in Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code.
(b)The presumption established by this section is a presumption affecting the burden of proof.
Plain-English Summary
Where § 1240.670 protects private conservation land owned by qualifying nonprofits, § 1240.680 protects a set of specifically defined public land-use categories: state, regional, county, or city parks, open space, or recreation areas; wildlife or waterfowl management areas the Department of Fish and Game has established under Fish and Game Code § 1525; historic sites on the National Register of Historic Places or on a state landmark registry; and ecological reserves established under Fish and Game Code § 1580 and its companion sections.
Property falling into any of these categories is presumed to have been appropriated for the best and most necessary public use, and subdivision (b) makes that a presumption affecting the burden of proof, the persuasive, harder-to-overcome kind.
This presumption is expressly made subject to §§ 1240.690 and 1240.700, the two declaratory-relief mechanisms that let an affected owner contest which use is truly best and most necessary when a state highway or a city or county road, street, or highway project targets this kind of land.
Frequently Asked Questions
What kinds of property does § 1240.680 protect with its presumption?
Parks, open space, or recreation areas; wildlife or waterfowl management areas; National Register or state-registered historic sites; and ecological reserves under the Fish and Game Code.
How strong is the presumption this section creates?
It affects the burden of proof, meaning a party challenging it must persuade the court that the property wasn't appropriated for the best and most necessary public use.
Can this presumption be challenged when a highway project is involved?
Yes, through the declaratory-relief procedures in § 1240.690 for state highway projects and § 1240.700 for city or county road projects.
Amendment History
Added by Stats. 1975, Ch. 1275, Sec. 3.
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:park land eminent domain californiabest and most necessary public use presumption