California, United States of America
The following excerpt is from Bing v. City of Duarte, 53 Cal.Rptr. 306 (Cal. App. 1966):
The court, in construing the language "while such property is so appropriated and used for the public purposes for which it has been so appropriated" contained in the last sentence of subdivision 3 of section 1240 of the Code of Civil Procedure, said "the word 'used' does not mean actual physical use at the date of the institution of the condemnation suit, but means property reasonably necessary for use, and which the circumstances reasonably show will be actually used within a reasonable length of time." (EAst Bay Mun. Utility Dist. v. City of Lodi, 120 Cal.App. 740, 750, 8 P.2d 532, 536.) It has been said that where a county has been granted a strip of land or right of way over and upon such strip to be used and devoted to the purposes only of a county road, such strip or right of way being described with such certainty as to facilitate a ready identification thereof the act of acceptance of such grant upon the part of the grantee county operates ipso facto to establish it as a highway of the county, and this regardless of whether there is or is not a road on such strip. (Watson v. Greely, 69 Cal.App. 643, 649, 232 P. 475.)
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