2007 California Streets and Highways Code Article 8. Acquisition And Disposition Of Property

CA Codes (shc:30400-30413)

30400.  The department may acquire by gift, purchase, or eminent
domain proceedings any bridge, transportation facilities, or
additional transportation facilities, and any franchise, rights,
privileges, easements, or other property either real or personal
appurtenant thereto, when the acquisition or construction of any toll
bridge or other toll highway crossing, transportation facilities, or
additional transportation facilities is authorized by the
commission.


30401.  In eminent domain proceedings to acquire property for any of
the purposes of this chapter, any toll bridge or other toll highway
crossing, real property, personal property, franchises, rights,
easements, or other property or privileges appurtenant thereto
appropriated or dedicated to a public use or purpose by any person,
private, public, or municipal corporation, county, city, district, or
any political subdivision of the state, may be condemned and taken,
and the acquisition and use thereof as provided in this chapter for
the same public use or purpose to which such property has been
appropriated or dedicated or for any other public use or purpose,
shall be deemed a superior and permanent right and necessity, and a
more necessary use and purpose than the public use or purpose to
which such property has already been appropriated or dedicated.
   It shall not be necessary in any eminent domain proceedings
pursuant to this section to plead or prove any acts or proceedings
preliminary or prior to the adoption of the resolution required by
Section 1245.220 of the Code of Civil Procedure.



30402.  In eminent domain proceedings to acquire property for any of
the purposes of this chapter, any transportation facilities,
additional transportation facilities, real property, personal
property, franchises, rights, easements, or other property or
privileges appurtenant thereto appropriated or dedicated to a public
use or purpose by any person, private, public, or municipal
corporation, county, city, district, or any political subdivision of
the state may be condemned and taken and the acquisition and use
thereof as provided in this chapter for the same public use or
purpose to which such property has been appropriated or dedicated or
for any other public use or purpose shall be deemed a superior and
permanent right and necessity, and a more necessary use and purpose
than the public use or purpose to which such property has already
been appropriated or dedicated, except as to real estate, personal
property, franchises, rights, privileges, or easements actively used
by or necessary for the operation or a common carrier by railroad
other than those used primarily by such railroad for the
transportation of persons or property by interurban operation to and
from an area within 50 miles from either end of any toll bridge or
other toll highway crossing acquired or constructed pursuant to this
chapter.
   Except for such prior railroad use, it shall not be necessary in
any eminent domain proceedings pursuant to this section to plead or
prove any acts or proceedings preliminary or prior to the adoption of
the resolution required by Section 1245.220 of the Code of Civil
Procedure.



30406.  When the State, or any department or governmental agency
thereof, acquires any existing toll bridge or the real or personal
property used in connection therewith, such property and toll bridge
shall continue to be subject to taxation by the county, political
subdivision, and municipal corporation in which it is located, and
the State shall pay to the county granting the franchise for the
bridge such amounts as become due to the county for the franchise for
the construction of the toll bridge.



30407.  The right of way is given, dedicated, and set apart upon
which to locate, construct, and maintain bridges or other highway
crossings, transportation facilities, and additional transportation
facilities which have been or may be constructed pursuant to this
chapter, through, over, under, on or across any property of the
State, including highways, now or hereafter owned, opened, or
dedicated to or for public use and howsoever acquired, and through,
over, under, on, or across the streets, alleys, lanes, and roads now
or hereafter opened or dedicated to or for public use and howsoever
acquired which are now or may be within any county, city, public or
municipal corporation, district, or political subdivision of the
State.



30408.  If any property belonging to any county, city, public or
municipal corporation, district, or political subdivision of the
state is taken for the acquisition or construction of any bridge or
other toll highway crossing, or the transportation facilities or
additional transportation facilities thereof or thereto, or if any
such property is injured or damaged by such acquisition or
construction, and the payment of compensation therefor is necessary,
proper, and necessary, compensation therefor as is agreed upon may be
paid by the commission to the particular county, city, public or
municipal corporation, district, or political subdivision of the
state owning or in charge of such property, or the commission may
direct that eminent domain proceedings be brought pursuant to this
article for the determination of such compensation, including the
determination of the interest of any such county, city, public or
municipal corporation, district, or political subdivision in such
property and the necessity for the payment of such compensation.




30409.  In all cases where, by statute or otherwise, any right is
reserved or granted to the state or any state agency to construct or
maintain highways, bridges, or approaches thereto, or other highway
crossings, or railroads, or transportation facilities over, through,
under, on, or across any public or private property, the commission
is entitled to the benefit of such reservation or grant.



30410.  Whenever any property acquired for any of the purposes of
this chapter, whether by agreement, grant, or eminent domain, either
in fee or in any lesser estate or interest, is no longer necessary
for use in connection with any improvement authorized to be
constructed pursuant to this chapter, or whenever a lesser interest
than is owned therein is sufficient for the construction,
maintenance, and operation of any improvement, or whenever it is for
any other reason in the public interest to do so, the property, any
part thereof, or any interest therein may be leased, sold, exchanged,
or otherwise disposed of or dealt with by the director in the
manner, upon such terms, and subject to such reservations as are
first approved by the commission.



30411.  Whenever, either before or after the construction or
reconstruction of streets, sidewalks, or other like facilities upon
any property or interest in property acquired pursuant to this
chapter, it appears desirable to dedicate the property to public use
for such purpose, the director, with the approval of the commission,
may dedicate or transfer the property to any county, city, or other
public or municipal corporation within which it is located, subject,
however, to any rights or interests necessary for the proper
construction, maintenance, and operation of any bridge, highway
crossing, or transportation facility which extends through, over,
under, on, or across the property.



30412.  Any agreement, lease, or conveyance authorized by this
chapter shall be executed or accepted on behalf of the State by the
director.


30413.  Any money received for any such property shall be received
into the funds for the bridge, other highway crossing, or
transportation facilities for which the property was originally
acquired.