Code Civ. Proc., § 1240.410 · Article 5. Excess Condemnation
Code Civ. Proc., § 1240.410
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 1975, Ch. 1275.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1240.410.
- Text hash
- sha256 b2c9de4841e3878c1a293d9b878f3c9d37ed4629e7ac3cb29ccf019e7a5a71ce
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 3 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1240.410. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.