2007 California Public Utilities Code Chapter 2. Duties And Functions

CA Codes (puc:161020-161031)

161020.  The department may apply for and accept federal grants and
receive gifts, donations, subventions, rents, royalties, and other
financial support from public and private sources for purposes of
this division.


161021.  The department may serve as a repository for lands located
within a transportation corridor where the preservation of those
lands is required by the department or an agency of local government
to meet its transportation policies and objectives, and may accept a
dedication of fee title, easements, development rights, or other
interest in lands for this purpose.



161022.  On an annual basis, or as may be otherwise required by the
secretary, the department shall report to the secretary regarding
privately owned lands determined to have special significance for
purposes of preserving a transportation corridor and which might be
the subject of an exchange for other state lands.  Specific privately
owned land shall be included in the report only with the consent of
the owner.



161023.  The department may acquire land or any interest therein for
purposes of this division pursuant to procedures applicable to the
acquisition of land by the department or the commission.  If other
means of acquisition have not been successful, the department may
exercise the power of eminent domain for these purposes.  The power
of eminent domain may only be exercised to acquire land which is
necessary for construction of the relevant highway route or guideway
alignment, and shall not include land for rest stops or other
ancillary uses.


161024.  (a) The department may sell, rent, lease, exchange, or
otherwise transfer any land or interest therein acquired under this
division pursuant to an implementation plan adopted by the
department.  Any lease entered into under this division shall be for
not more than 20 years.
   (b)  Except as otherwise provided by law or by agreement, the
proceeds of the sale, rental, lease, exchange, or transfer of land or
interest therein, including any rent or other income from land held
by the department, shall be deposited in the State  Highway Account
in the State Transportation Fund.



161025.  The department shall develop and implement procedures to
ensure that land acquisition, leasing, options to purchase, disposal,
and other transactions in land under this division are carried out
efficiently and equitably and with proper notice to the public.



161027.  (a) The department shall cooperate with federal, state, and
local public agencies in ensuring the reservation of lands for
transportation purposes.
   (b) If any state or local public agency is unable, due to limited
financial resources or other circumstances of a temporary nature, to
acquire land for transportation purposes, the department may acquire
and hold that land for subsequent conveyance to the public agency.
The department may provide technical assistance to aid public
agencies in completing those acquisitions and related functions.




161028.  (a) The department shall not hold any land acquired under
this division for more than 20 years from the time of acquisition.  A
state or local public agency may acquire the land at any time during
this period for transportation purposes.  The acquisition price to a
state or local public agency shall be based upon the cost of
acquisition under this division plus administrative and management
costs in preserving the land.  The payment of this acquisition price
shall be either monetary or in department-approved land of an
equivalent value, or a combination thereof.  No land acquired under
this section shall be disposed of under Section 11011.1 of the
Government Code.
   (b) If, at the expiration of a 20-year period, no public agency is
willing or able to acquire the land, the department shall dispose of
the land at fair market value without restriction on its subsequent
use under this division.  All proceeds of a disposition under this
subdivision shall be deposited in the State Highway Account in the
State Transportation Fund.



161029.  If the department acquires any land prior to the adoption
of a specific route or alignment by the commission, the commission
shall disregard that land in the study and adoption of routes and
alignments.


161030.   There is hereby appropriated from the State Highway
Account in the State Transportation Fund to the department the amount
of the proceeds of all sales, except the proceeds of sales pursuant
to Section 14528.8 of the Government Code, leases, and rentals, on
and after January 1, 1991, of land acquired by the department for
transportation purposes, until a total of twenty-five million dollars
(,000,000) has been so appropriated, to be expended by the
department for the purposes of this division.



161031.  The department shall comply with applicable environmental
protection laws and regulations when taking any action authorized by
this division.