(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.

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Terms Used In California Code of Civil Procedure 1240.410

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Will: includes codicil. See California Code of Civil Procedure 17

(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.

(Added by Stats. 1975, Ch. 1275.)

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