If the defendant objects to a taking under Section 1240.610, the defendant has the burden of proof that his property is appropriated to public use. If it is established that the property is appropriated to public use, the plaintiff has the burden of proof that its use satisfies the requirements of Section 1240.610.
Cal. Civ. Proc. Code § 1240.620
Condemnation for More Necessary Public Use
Known as the Eminent Domain Law
The act spans §§ 1230–1273 (260 sections).
Added by Stats. 1975, Ch. 1275.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.