2007 California Streets and Highways Code Article 1. Effect On Property Rights

CA Codes (shc:8350-8353)

8350.  Except as provided in Chapter 5 (commencing with Section
8340), the vacation of a street, highway, or public service easement
extinguishes all public easements therein.



8351.  Except as otherwise provided in Chapter 5 (commencing with
Section 8340) or in this chapter, upon the vacation of a street,
highway, or public service  easement:
   (a) If the public entity owns only an easement for the street,
highway, or public service purpose, title to the property previously
subject to the easement is thereafter free from the easement for use
for street, highway, or public service purposes, but not from any
easement for vehicular or nonvehicular trail use that the public
entity has previously granted to any other state or local public
agency.  If the easement is abandoned by resolution of the state or
local public agency that was granted an easement for vehicular or
nonvehicular trail use, the title to the property previously subject
to the vehicular or nonvehicular easement is thereafter clear of the
easement.
   (b) If the public entity owns the title, the legislative body may
dispose of the property as provided in this chapter.



8352.  (a) Except as provided in Section 8353, vacation of a street,
highway, or public service easement pursuant to this part does not
affect a private easement or other right of a person (including, but
not limited to, a public utility, the state, a public corporation, or
a political subdivision, other than the local agency adopting the
resolution of vacation) in, to, or over the lands subject to the
street, highway, or public service easement, regardless of the manner
in which the private easement or other right was acquired.
   (b) A private easement or other right described in subdivision (a)
is subject  to extinguishment under the laws governing abandonment,
adverse possession, waiver, and estoppel.


8353.  (a) Except as provided in subdivision (b), the vacation of a
street or highway extinguishes all private easements therein claimed
by reason of the purchase of a lot by reference to a map or plat upon
which the street or highway is shown, other than a private easement
of ingress and egress to the lot from or to the street or highway.
   (b) A private easement claimed by reason of the purchase of a lot
by reference to a map or plat upon which the street or highway is
shown is not extinguished pursuant to subdivision (a) if, within two
years after the date the vacation is complete, the claimant records a
verified notice that particularly describes the private easement
that is claimed in the office of the recorder of the county in which
the vacated street or highway is located.
   (c) Nothing in this section shall be construed to create a private
easement, nor to extend a private easement now recognized by law,
nor to make the rights of the public in or to a street or highway
subordinate to a private easement.  Nothing in this section affects
the right of the owner of property that was subject to the vacated
street or highway to commence an action to quiet title as against any
claim of a private easement of any type, whether before or after
recordation of a verified notice pursuant to this section.