Subsequent to any taking of private lands by condemnation, the Government shall be allowed a period of five (5) years to proceed with the public use it has declared to be the reason for condemning the property, or an alternative public use should it become necessary due to a compelling public interest. Upon a failure of the Government to so proceed with the specified or alternative use, the former land owner shall have a right to petition the Superior Court for an order to set aside the taking. Upon a finding that the Government has not so proceeded with the specified or alternative use, the Superior Court shall set aside the taking and revest full title to the property in the former owner, his heirs, successors or assigns upon the refund to the Government of any compensation paid for the property.

SOURCE: CCP § 1238.1 enacted by P.L. 12-103.