Article 5. Excess Condemnation - California Code of Civil Procedure Section 1240.410
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California Laws > Code of Civil Procedure > Article 5. Excess Condemnation - California Code of Civil Procedure Section 1240.410
1240.410. (a) As used in this section, "remnant" means a remainder
or portion thereof that will be left in such size, shape, or
condition as to be of little market value.
(b) Whenever the acquisition by a public entity by eminent domain
of part of a larger parcel of property will leave a remnant, the
public entity may exercise the power of eminent domain to acquire the
remnant in accordance with this article.
(c) Property may not be acquired under this section if the
defendant proves that the public entity has a reasonable,
practicable, and economically sound means to prevent the property
from becoming a remnant.
Last modified: February 16, 2015