Section 51095 Of Article 5. Eminent Domain And Other Provisions From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 6.6. >> Article 5.

. If any land or a portion thereof as to which any city or county has accepted or approved an open-space easement pursuant to this chapter is thereafter sought to be condemned for public use and the easement was received as a gift without the payment of any compensation therefor, the easement shall terminate as of the time of the filing of the complaint in condemnation as to the land or portion thereof sought to be taken for public use, and the owner shall be entitled to such compensation for the taking as he would have been entitled to had the land not been burdened by the easement.