County of Fresno v. Shelton

In County of Fresno v. Shelton (1998) 66 Cal. App. 4th 996 78 Cal. Rptr. 2d 272, the statute at issue was a portion of the Eminent Domain Law, Code of Civil Procedure section 1240.350, that provides: "Whenever a public entity acquires property for a public use . . ., the public entity may exercise the power of eminent domain to acquire such additional property . . . ." The trial court held the county lacked standing to bring the condemnation action because it had not yet acquired property for a public use; that acquisition was still in progress. The appellate court reversed, noting the trial court had replaced "acquires" with the past tense "acquired." "But even more significantly, the trial court appears to have not taken into account Code of Civil Procedure section 1235.050's legislative mandate that statutes found in title 7 of the Eminent Domain Law, of which Code of Civil Procedure section 1240.350 is a part, be construed so that the 'present tense includes the past and future tenses; and the future, the present.' " ( Shelton, supra, at p. 1011, fn. omitted.) When read in light of this directive, the statute plainly authorized the county's eminent domain proceeding. (Id. at p. 1012.)