(a) When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated or devoted to regional park, recreational, or open- space purposes prior to the initiation of road, street, or highway route location studies, an action for declaratory relief may be brought in the superior court by the regional park district which operates the park, recreational, or open-space area to determine the question of which public use is the best and most necessary public use for such property.
§ 1240.700.Action For Declaratory Relief Where Property Sought to Be Acquired For City Or County Road Street Or Highway Purposes
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 1240.700 lets a regional park district file a declaratory-relief action within 120 days of formal city or county notice that a road, street, or highway route includes property described in § 1240.680 dedicated to regional park or open-space use before route studies began, and waives that challenge if the deadline passes.
Full Text of § 1240.700
(b) The action for declaratory relief shall be filed and served within 120 days after the city or county, as the case may be, has published in a newspaper of general circulation pursuant to Section 6061 of the Government Code, and delivered to the regional park district, a written notice that a proposed route or site or an adopted route includes such property.
(c) With respect to property dedicated or devoted to regionl park, recreational, or open-space purposes which is sought to be acquired for city or county road, street, or highway purposes:
(1) If an action for declaratory relief is not filed and served within the 120-day period established by subdivision (b), the right to bring such action is waived and the provisions of Section 1240.680 do not apply.
(2) When a declaratory relief action may not be brought pursuant to this section, the provisions of Section 1240.680 do not apply.
Plain-English Summary
This section is § 1240.690's counterpart for local road projects rather than state highways. When a city or county road, street, or highway project targets property described in § 1240.680, specifically property dedicated to regional park, recreational, or open-space purposes before the road's route studies began, the regional park district operating that property may bring a declaratory-relief action in superior court to determine which use is truly the best and most necessary public use.
The filing window mirrors § 1240.690's: 120 days after the city or county publishes notice in a newspaper of general circulation and delivers written notice to the regional park district that a proposed or adopted route or site includes the property.
Missing that deadline carries the same consequence as under § 1240.690: the right to bring the action is waived, and § 1240.680's presumption stops applying to the property. The same follows whenever a declaratory-relief action isn't available under this section at all.
Frequently Asked Questions
Who can bring a declaratory-relief action under § 1240.700?
The regional park district that operates a park, recreational, or open-space area described in § 1240.680, when a city or county road project targets that property.
What's the filing deadline?
120 days after the city or county publishes and delivers written notice that a proposed or adopted route or site includes the property.
What happens if the district misses that deadline?
The right to bring the action is waived, and § 1240.680's presumption no longer applies to the property.
How is this section different from § 1240.690?
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: regional park district declaratory relief californiacity county road condemnation park land