Streets and Highways Code — Part 1 | SHC — United States — California law | Esheria

Streets and Highways Code

Part 1 of 23 · provisions 1–200

This section says the act is named the Streets and Highways Code.

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Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered. The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway. The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval. The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2. The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.

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Provisions of Streets and Highways Code

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  1. 1.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    This section says the act is named the Streets and Highways Code.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 1. This act shall be known as the Streets and Highways Code. (Enacted by Stats. 1935, Ch. 29.)
  2. 10.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    This section defines “Section” to mean a section of this code, unless another statute specifically says otherwise.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1935, Ch. 29.)
  3. 100.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must use existing resources to monitor fragmented gaps in the state highway system.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100. Using existing resources, the department shall monitor the cumulative impact of fragmented gaps in the state highway system to identify safety and long-term maintenance issues. (Amended by Stats. 2001, Ch. 745, Sec. 205. Effective October 12, 2001.)
  4. 100.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.1. The department is authorized to do any and all things necessary to lay out, acquire and construct any section or portion of a State highway as a freeway or to make any existing State highway a freeway. (Added by Stats. 1939, Ch. 687.)
  5. 100.15.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.15. Before the commission approves a capacity-increasing project or a major street or highway lane realignment project, the department or a regional transportation planning agency submitting the project for approval shall demonstrate that reversible lanes were considered for the project. (Added by Stats. 2016, Ch. 525, Sec. 1. (AB 2542) Effective January 1, 2017.)
  6. 100.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may make agreements about street or highway crossings with local officials, but freeway-related street closures and connections are restricted unless the required agreement or commission consent is in place.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.2. The department is authorized to enter into an agreement with the city council or board of supervisors having jurisdiction over the street or highway and, as may be provided in such agreement, to close any city street or county highway at or near the point of its interception with any freeway or to make provision for carrying such city street or county highway over or under or to a connection with the freeway and may do any and all work on such city street or county highway as is necessary therefor. No city street or county highway shall be closed, either directly or indirectly, by the construction of a freeway except pursuant to such an agreement or while temporarily necessary during construction operations. No city street, county road, or other public highway of any kind shall be opened into or connected with any freeway unless and until the commission adopts a resolution consenting thereto and fixing the terms and conditions on which such connection shall be made and the commission may give or withhold its consent or fix such terms and conditions as, in its opinion, will best subserve the public interest. (Amended by Stats. 1980, Ch. 777, Sec. 13.)
  7. 100.21.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.21. (a) Whenever a street or highway closing agreement is required by Section 100.2, the department shall not acquire, except by gift, and except in hardship or protective cases as determined by the department or the commission, any real property for a freeway through a city until an agreement is first executed with the city council, or for a freeway through unincorporated territory in a county until an agreement is first executed with the board of supervisors. The department shall give notice to the city council or the board of supervisors, as the case may be, of any acquisition of real property prior to the execution of an agreement. (b) Notwithstanding subdivision (a), a city council, or a county board of supervisors may, by resolution, authorize the purchase of rights-of-way prior to approval of an agreement if the purchase is limited to the mainline corridor of the proposed freeway and the alignment of the freeway is not at issue. (Amended by Stats. 2004, Ch. 615, Sec. 14. Effective January 1, 2005.)
  8. 100.22.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.22. The city council or board of supervisors shall, prior to entering into the agreement contemplated by Section 100.2, conduct a public hearing on the subject. (Added by Stats. 1969, Ch. 515.)
  9. 100.25.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.25. In addition to the other matters that may be covered by the agreements authorized under Section 100.2, provisions for improvements, revisions or extensions of city streets or county highways leading to or from a freeway, deemed by the department to be necessary in accommodating the freeway traffic in making proper connections between the existing system of city streets or county roads and the freeway, may be included in such agreements and the department may perform such work as a part of the freeway construction. (Added by Stats. 1957, Ch. 1217.)
  10. 100.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    A state highway may be declared a freeway by commission resolution, and highway access rights must be handled as the section states.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.3. From and after the adoption of a resolution by the commission declaring any section of a state highway to be a freeway, the highway described in such resolution shall have the status of a freeway for all purposes of Section 100.2. Such declaration shall not affect private property rights of access, and any such rights taken or damaged within the meaning of Section 19 of Article I of the California Constitution for such freeway shall be acquired in a manner provided by law. No state highway shall be converted into a freeway except with the consent of the owners of abutting lands or the purchase or condemnation of their right of access thereto. (Amended by Stats. 1980, Ch. 777, Sec. 14.)
  11. 100.45.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    When the department builds a freeway under the specified route selection rule, it must meet and confer with affected counties and cities about the design of the part of the freeway within the affected local jurisdiction.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.45. When the department constructs a freeway on the route selected pursuant to Section 100.4 the department shall meet and confer with affected counties and cities with respect to the design of the portion of the freeway to be constructed within the jurisdiction of the affected county or city. (Amended by Stats. 1990, Ch. 1240, Sec. 2. Effective September 24, 1990.)
  12. 100.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may run or delegate ferries needed to cross a state highway, set operating rules and limits, charge up to $1 per vehicle at night, and enforce safety limits on vehicle size, weight, and speed.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.5. Whenever the location of a State highway is such that a ferry must be used to completely traverse said highway, and there is no existing ferry furnishing service to traffic on said highway, the department may construct, maintain and operate such a ferry, or may, by cooperative agreement, delegate the construction, maintenance or operation thereof to a county, or if the termini of a ferry are within one or more cities, to the cities concerned. Whenever a highway between the termini of which a publicly owned ferry is used, is declared to be a State highway, the title to the ferry and all appurtenances thereto vests in the State. The department is authorized to promulgate reasonable rules and regulations governing the hours of operation of such ferries. The department may impose a charge of not to exceed one dollar per vehicle for the use of such ferries between the hours of 11 p.m. and 5 a.m.; provided, that in no event shall any charge be imposed on any ferry formerly operated by a county where the county maintained free ferry service for twenty-four hours per day at the time the ferry is or was taken over by the department. It is unlawful to operate on any such ferries or the approaches thereto, a vehicle of a size or weight or at a speed, greater than that which any such ferry or its approaches, with safety to itself and to the traveling public, will permit. The department shall determine the maximum size, weight and speed of vehicles which with safety can be permitted on such ferries and shall by appropriate signs notify the public of its determination. It is prima facie evidence of violation of this section to exceed the limit specified by the department upon such signs. The department is authorized to recover by civil action any damages done to such ferries or the approaches thereof by reason of a failure to comply with the provisions of this section and a violation of the limits specified on the signs erected by the department is prima facie evidence of such violation. (Amended by Stats. 1937, Ch. 931.)
  13. 100.51.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may run a ferry instead of a closed or capacity-limited bridge or highway crossing, charge tolls for passage, and classify vehicles reasonably for toll purposes.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.51. Notwithstanding any provision of Section 100.5, whenever any bridge or highway crossing over a navigable waterway in this state, including, but not limited to, toll bridges or other toll highway crossings built or acquired under the provisions of the California Toll Bridge Authority Act, is closed to traffic because of accident thereto or repair thereof or is for any reason unable fully to accommodate traffic, the department may operate a vehicular or passenger ferry as a substitute therefor. In the operation of such vehicular or passenger ferry, the department may impose a toll for passage. For the purpose of imposing such toll, the department may employ any reasonable classification of vehicles, including, but not limited to, classification by weight, length, or number of axles. (Added by Stats. 1971, Ch. 997.)
  14. 100.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may enter into agreements with adjoining states or their agencies for bridges over interstate waters and for highways near state borders.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.6. The department may, on behalf of the State of California, enter into agreements with any adjoining state, or any proper agency of such state, for the construction, reconstruction, operation and maintenance, by any party to such agreement, in the manner and by such means as may be provided in the agreement, of bridges over interstate waters and may enter into like agreements with respect to construction, reconstruction, operation and maintenance of highways within this State or such adjoining state, when such highways are at or near the common boundary of the states. Payment for work done pursuant to such agreements may be made from any fund available to the department for highway purposes. (Amended by Stats. 1951, Ch. 1124.)
  15. 100.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may insure certain state-highway bridges, and if insured proceeds are paid after damage or destruction, they must be used to restore the bridge.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.7. The department may, for the protection of the State of California, insure any bridge on the State Highway System acquired or constructed under provisions of the California Toll Bridge Authority Act against all risks in any amount up to the full insurable value thereof. In case of damage or destruction, the proceeds of such insurance shall be applied to the restoration of such bridge. Any such bridge may be so insured irrespective of the retirement of all indebtedness incurred for its acquisition or construction, and the cost of such insurance shall be paid from any funds available to the department for highway purposes. Any such bridge, other than bridges over the San Francisco Bay, shall, after retirement of all indebtedness incurred for its acquisition or construction, be maintained and operated as a free bridge and the cost thereof charged to funds available for maintenance of state highways. (Amended by Stats. 1953, Ch. 1056.)
  16. 100.9.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    If a state highway is relocated to bypass a city or business district, the department must put up and maintain directional signs; after the bypassed highway is relinquished, the county or city must keep the remaining signs in place and maintain them.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 100.9. When any state highway is relocated in such a manner as to bypass a city or business district, the department shall erect and maintain appropriate directional signs, at the junction of the bypass and the road leading into such city or business district, and at a reasonable distance in advance of such junction, for the guidance of traffic desiring to enter the city or business district. Upon relinquishment of the bypassed highway to the county or city concerned, the signs, other than those designating the state or federal route number of such highway, previously erected on such highway shall be left in place by the department and thereafter shall be maintained by such county or city. When relinquishing any such bypassed highway, the department shall direct the attention of the county or city concerned to the provisions of this section regarding continued maintenance of such signs by the county or city. (Amended by Stats. 1965, Ch. 551.)
  17. 10000.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

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    This division may be cited as the Municipal Improvement Act of 1913.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10000. This division may be cited as the Municipal Improvement Act of 1913. (Added by Stats. 1953, Ch. 192.)
  18. 10001.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

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    Definitions in this part control how this division is interpreted, unless the context requires otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10001. Unless the context otherwise requires, the definitions contained in this part shall govern the construction of this division. (Added by Stats. 1953, Ch. 192.)
  19. 10002.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

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    “Improvement” includes work and improvements authorized under this division that serve a public purpose or are necessary or incidental to a public purpose.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10002. “Improvement” includes all work and improvements authorized to be done under this division which are for a public purpose or which are necessary or incidental to a public purpose. (Amended by Stats. 1963, Ch. 342.)
  20. 10003.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

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    This section defines “municipality” and “city” broadly for this division.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10003. “Municipality” and “city” include every city, city and county, or county, or other entity, public corporation, or agency authorized to operate under this division, including any joint powers entity created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and any special district organized for the purpose of aiding in the development or improvement of navigation or commerce to, or within, the district. (Amended by Stats. 1992, Ch. 1197, Sec. 1. Effective January 1, 1993.)
  21. 10004.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

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    “Legislative body” includes the body that is, by law, the legislative department of a city or municipality.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10004. “Legislative body” includes any body which by law is the legislative department of government of the city, or municipality. (Added by Stats. 1953, Ch. 192.)
  22. 10005.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

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    “City treasurer” includes any person or officer who has charge of, and makes payments from, city or municipal funds.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10005. “City treasurer” includes any person or officer who has charge and makes payments of the city or municipal funds. (Added by Stats. 1953, Ch. 192.)
  23. 10006.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

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    For this code section, “install” includes constructing, reconstructing, extending, repairing, and maintaining.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10006. “Install” includes construct, reconstruct, extend, repair, and maintain. (Added by Stats. 1953, Ch. 192.)
  24. 10006.5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    “Incidental expense” means the same thing as in Section 5024, subject to the limitation in Section 10204.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10006.5. Subject to the limitation of Section 10204.1, “incidental expense” has the same meaning as specified in Section 5024. (Added by Stats. 1989, Ch. 104, Sec. 27.)
  25. 10007.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section defines “street” for this division.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10007. “Street” includes the whole or any part of one or more public streets, alleys, or other places in any municipality, and rights of way owned or held by any municipality for the purposes of this division. (Added by Stats. 1953, Ch. 192.)
  26. 10008.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    “Assessment district” means the land area benefited by an improvement and specially assessed to pay the improvement’s costs, expenses, and damages.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10008. “Assessment district” means the district of land to be benefited by the improvement and to be specially assessed to pay the costs and expenses of the improvement and the damages caused by the improvement. (Added by Stats. 1953, Ch. 192.)
  27. 10009.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This division applies to counties, districts, and some other public corporations if they have the power to make the authorized improvements. Their officers get the same powers and duties as the municipal officers named here, and if there is no similar officer, the legislative body must appoint someone by resolution to do the division’s duties.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10009. The provisions of this division apply to all counties and districts, or other public corporations insofar as such corporations have the power applicable to them to make any of the improvements authorized under this division. The officers of such counties, districts, or other public corporations who have similar powers and duties as the municipal officers referred to in this division have the powers and duties given by this division to such municipal officials. Where no similar officer exists, the legislative body of the county, district, or public corporation shall by resolution appoint a person or designate an officer to perform the duties under this division. (Added by Stats. 1953, Ch. 192.)
  28. 10010.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section defines “acquisition” to include several kinds of works, services, property interests, and lien payments used for municipal improvement projects.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10010. “Acquisition”, or any of its variants, means and includes one or more of the following: (a) Any works, improvements, appliances, or facilities authorized to be made, constructed, or acquired under this division and which are in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof; any use or capacity rights in any of the foregoing; and any works, improvements, appliances, or facilities acquired or installed pursuant to Sections 10109 to 10111, inclusive. Any work, improvement, appliance, or facility which was not in existence and installed in place on or before that date may be acquired if it was constructed as if it had been constructed under the direction and supervision or under the authority of the municipality. (b) Electric current, gas, or other illuminating agent for power or lighting service. (c) Any real property, rights-of-way, easements, or interests in real property, acquired or to be acquired by gift, purchase, or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this division, except real property, rights-of-way, easements, or interests in real property shown upon a final map filed with or submitted to the legislative body for acceptance and approval pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) and offered for dedication to public use by that map or by any separate offer of dedication. (d) The payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district. The amount of the payment shall be included in the new assessment on the parcel. This subdivision is applicable only where the acquisition is incidental to other acquisitions or improvements. (Amended by Stats. 1990, Ch. 446, Sec. 21.)
  29. 10011.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section defines “owner” for this code section.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10011. “Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s office of the county in which the property is situated, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for himself, or as the executor, administrator, guardian, or conservator of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner. (Amended by Stats. 1979, Ch. 730.)
  30. 10012.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section says the division should be interpreted broadly, and affected people’s exclusive remedy is an appeal to the legislative body under this division.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10012. This division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this division, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the legislative body in accordance with the provisions of this division. (Added by Stats. 1976, Ch. 310.)
  31. 10013.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    If no one else is specifically assigned the duty, the clerk must post or arrange publication/posting of required notices, resolutions, orders, or other matters.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10013. Whenever any notice, resolution, order, or other matter is required to be published or posted, and the duty of posting or publishing, or procuring the same, is not specifically enjoined upon any officer or person, the clerk shall post or procure the publication or posting thereof, as the case may be. No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this section as to the officer or person posting or publishing, or procuring the publication or posting, of any notice, resolution, order, or other matter when the same is actually published or posted for the time required. (Added by Stats. 1976, Ch. 310.)
  32. 10014.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    If the clerk fails to mail a notice, or a person does not receive it, that does not affect the validity of proceedings under this division or stop the legislative body from holding the noticed hearing.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10014. The failure of the clerk to mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken under this division, nor prevent the legislative body from proceeding with any hearing so noticed. (Added by Stats. 1976, Ch. 310.)
  33. 10015.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section says no notice or publication of notice, orders, resolutions, or other matters is needed to make the proceedings valid, except where this part or another part of the division expressly requires it.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10015. No notice, nor any publication of any notice, order, resolution, or other matter, other than that expressly provided in this part or elsewhere in this division, shall be necessary to give validity to any of the proceedings provided in this division. (Added by Stats. 1976, Ch. 310.)
  34. 10016.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Certain documents may use a filed plan or map to give a full and detailed description of improvements, assessment district boundaries, zone boundaries, or parcel dimensions.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 1. General Provisions [10000 - 10016] ( Chapter 1 added by Stats. 1953, Ch. 192. ) ## 10016. Any resolution, notice, report, diagram, or assessment which is required to contain a description of the improvements, the boundaries of the assessment district or any zones therein, or the lines and dimensions of any parcel of land, may, for a full and detailed description thereof, refer to any plan or map which is on file with the clerk, the county auditor, or the county assessor and which is open to public inspection. The plan or map so referred to shall govern for all details of the description. (Added by Stats. 1984, Ch. 1298, Sec. 20.)
  35. 101.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must maintain certain historical markers near state highways and keep them clear of vegetation, and it may spend reasonable sums on plaques when the Legislature has requested them by concurrent resolution.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101. (a) The department shall keep in repair all objects or markers adjacent to a state highway which have been erected to mark registered historical places and shall keep such markers free from vegetation which may obscure them from view. (b) When the Legislature, by concurrent resolution, has designated names for certain districts and state highway bridges, and requested the placing of name plaques at the boundaries of the districts or on the bridges, the department is authorized to expend reasonable sums for such plaques. (c) Any major bridge not previously named by the Legislature may be named by the Legislature, by concurrent resolution, for a serviceman killed in action who was a resident of the county in which the bridge is located. The name shall be selected from names submitted to the department by veterans’ associations as defined by Section 1260 of the Military and Veterans Code. (Amended by Stats. 1970, Ch. 1346.)
  36. 101.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may put 9-1-1 numbers on certain state highway signs, must maintain uniform city and town signs at the listed locations, and must adopt specifications for those signs.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.1. (a) The department may place the state’s 9-1-1 emergency telephone number on road signs on all state highways at state entry points and county, city, and town limit entry points. The department shall place and maintain, or cause to be placed and maintained, on all state highways at the city limit of each incorporated city and at the limits of each unincorporated town, as determined by the department, a uniform road sign which sets forth the name of the city or town, its population, and its altitude, as determined by the department. Where the limits of a county, city, or town intersect a state highway at more than two points, the department, in its discretion, need erect the signs only at each of the two outermost points on the state highway where the intersection occurs. (b) The department shall adopt specifications to provide for uniform signs of permanent character setting forth the information required in subdivision (a). The emergency telephone numbers shall be added to the road signs in subdivision (a) only when the signs are changed for other purposes. (Amended by Stats. 1985, Ch. 683, Sec. 2.)
  37. 101.10.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must install and maintain memorial highway signs for qualifying victims, and may do so only when the placement is safe and practical and the other conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.10. (a) (1) The department shall design, construct, place, and maintain, or cause to be designed, constructed, placed, and maintained, along state highways, signs that read as follows: “Please Don’t Drink and Drive,” followed by: “In Memory of (victim’s name).” These signs shall be placed upon the state highways in accordance with this section, placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing. Signs may memorialize more than one victim. “Victim” for purposes of this section means a person who was killed in a vehicular accident, but does not include a party described in paragraph (2) of subdivision (c). (2) The department shall adopt program guidelines for the application for and placement of signs authorized by this section, including, but not limited to, the sign application and qualification process, the procedure for the dedication of signs, and procedures for the replacement or restoration of any signs that are damaged or stolen. (b) If the placement at the location of a vehicular accident is safe and practical and the conditions of subdivisions (c) and (d) are met, the department shall place a sign described in subdivision (a) in close proximity to the location where the vehicular accident occurred. (c) (1) A party to that accident was convicted of any of the following: (A) Murder of the second degree under Section 187, and the violation was a direct result of driving a vehicle while in violation of Section 23152 or 23153 of the Vehicle Code. (B) Gross vehicular manslaughter while intoxicated under subdivision (a) of Section 191.5 of the Penal Code. (C) Vehicular manslaughter under subdivision (b) of Section 191.5 of the Penal Code. (2) A party to that accident operated a vehicle involved in the vehicular accident in violation of Section 23152 or 23153 of the Vehicle Code, but died in the accident or was not prosecuted because he or she is found mentally incompetent pursuant to Section 1367 of the Penal Code. (d) (1) Upon the request of an immediate family member of the deceased victim involved in an accident occurring on and after January 1, 1991, and described in subdivision (b), the department shall place a sign in accordance with this section. A person who is not a member of the immediate family may also submit a request to have a sign placed under this section if that person also submits the written consent of an immediate family member. The department shall charge the requesting party a fee to cover the department’s cost in designing, constructing, placing, and maintaining that sign, and the department’s costs in administering this section. The sign shall be posted for seven years from the date of initial placement, or until the date the department determines that the condition of the sign has deteriorated to the point that it is no longer serviceable, whichever date is first. (2) “Immediate family” means spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather. (3) If there is any opposition to the placement of the memorial sign by a member of the immediate family, no sign shall be placed pursuant to this section. (Amended by Stats. 2007, Ch. 747, Sec. 11. Effective January 1, 2008.)
  38. 101.11.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The Department of Transportation must recognize the historical importance of the Byzantine-Latino Quarter in Los Angeles by installing highway signs and markers.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.11. (a) The Department of Transportation shall, through the erection of highway signs and appropriate markers, provide recognition of the historical importance of the Byzantine-Latino Quarter in the City of Los Angeles. In order to implement this subdivision, the department shall determine the cost of signs and other appropriate markers, consistent with the signing requirements for the state highway system, showing this special designation, and, upon receiving donations from nonstate sources sufficient to cover the cost, shall erect those signs and other appropriate markers at the appropriate locations on Interstate Highway 10. (b) Local designation efforts and other similar actions may complement this project. (Added by Stats. 2002, Ch. 100, Sec. 2. Effective July 1, 2002.)
  39. 101.12.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may put up and maintain signs on state highways directing motorists to communities, but only if the listed conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.12. The department may place and maintain, or cause to be placed and maintained, signs on state highways directing motorists to communities within the geographical boundaries of a city, county, or city and county if all of the following conditions are satisfied: (a) The name of the community is culturally unique and historically significant. (b) The name of the community has resulted from the influence of a culture over a significant period of time. (c) The general public and media commonly recognize the name of the community. (d) The community is located within a city, county, or city and county. (e) Signs are consistent with the signing requirements for the state highway system. (f) The geographical boundary of the community is within three miles of the state highway exit. (g) Trailblazing signs are installed on the appropriate streets or roads prior to installation of signs on the state highway. (h) The city, county, or city and county provides funds from nonstate sources that cover all costs for the Department of Transportation to place and maintain, or cause to be placed and maintained, appropriate signs on state highways. (i) The governing body of the city, county, or city and county in which the community is located adopts a resolution that does the following: (A) Designates the name of the community that is to be used on directional signs. (B) Defines the geographical boundaries of the community. (C) Requests the department to post signs on state highways. (Added by Stats. 2004, Ch. 238, Sec. 1. Effective January 1, 2005.)
  40. 101.13.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must install generic directional signs for each authorized Veterans’ Home of California at suitable highway locations if nonstate funds are available to cover the cost.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.13. The department shall erect, at appropriate locations on highways in the state highway system, generic directional signs to each Veterans’ Home of California authorized pursuant to Chapter 1 (commencing with Section 1010) or Chapter 2 (commencing with Section 1100) of Division 5 of the Military and Veterans Code, upon receiving funds from nonstate sources sufficient to cover the cost. Placement of the signs shall be consistent with criteria for signing to federal or state hospitals as set forth in the California Manual on Uniform Traffic Control Devices, adopted pursuant to Section 21400 of the Vehicle Code. (Added by Stats. 2014, Ch. 654, Sec. 1. (SB 842) Effective January 1, 2015.)
  41. 101.14.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must update its internal policies to allow certain messages on changeable message signs, but only before June 30, 2016 and subject to federal approval. It may prioritize other messages, and it may not display certain messages without express federal approval or if federal aid funds would be reduced.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.14. (a) Prior to June 30, 2016, and subject to federal approval as provided in subdivision (d), the department shall update its internal policies to allow displays of the following types of messages on changeable message signs: (1) Safety messages. (2) Transportation-related messages. (3) Reminders to register to vote, as requested by the Secretary of State, not more than two days prior to, and on the last day to, register to vote in a particular statewide general election, statewide primary election, or statewide special election conducted pursuant to the Elections Code. (4) Reminders to vote, as requested by the Secretary of State, as elections approach, not more than two days prior to, and on election day of, a particular statewide general election, statewide primary election, or statewide special election conducted pursuant to the Elections Code. (b) For purposes of this section, “changeable message sign” means any electronic sign on a roadway with a changeable message typically used to alert motorists of traffic conditions, unusual weather conditions, emergencies, or other events. (c) Nothing in this section shall be construed to alter the requirements of the Emergency Alert System, the Amber Plan under Section 8594 of the Government Code, or the Blue Alert System under Section 8594.5 of the Government Code. The department may give priority to other messages, including, but not limited to, the display of emergency alerts, Amber Alerts, Blue Alerts, safety messages, and transportation-related messages, over the messages authorized pursuant to paragraph (3) or (4) of subdivision (a). (d) The department shall not display any information on a changeable message sign authorized pursuant to paragraph (3) or (4) of subdivision (a) unless the United States Department of Transportation, or any of its agencies, has expressly approved the display of that information. If the department is advised by the United States Department of Transportation, or any of its agencies, that the display of information otherwise authorized by paragraph (3) or (4) of subdivision (a) will result in the reduction of federal aid highway funds to the state pursuant to Section 131 of Title 23 of the United States Code, that display of information shall not be made. (Added by Stats. 2015, Ch. 693, Sec. 1. (AB 400) Effective January 1, 2016.)
  42. 101.15.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    Roundabouts must be included among the highway facility types that may be used for memorial or dedication signing in the California traffic control manual.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.15. Roundabouts shall be included in the list of highway facility types that may be used for memorial or dedication signing as designated in the California Manual on Uniform Traffic Control Devices, adopted pursuant to Section 21400 of the Vehicle Code. (Added by Stats. 2019, Ch. 95, Sec. 1. (AB 634) Effective January 1, 2020.)
  43. 101.18.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must amend the traffic-control manual to allow supplemental destination signs for certain museums.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.18. (a) The department shall amend the California Manual on Uniform Traffic Control Devices to allow supplemental destination signs for museums that meet all the following: (1) Have a minimum annual attendance of 50,000 persons, regardless if the museum is in a major metropolitan area, urbanized area, or rural area. (2) Is within five miles of the highway, regardless if the museum is in a major metropolitan area, urbanized area, or rural area. (b) The department shall make the amendments required by subdivision (a) in its next edition or revision to the California Manual on Uniform Traffic Control Devices. (Added by Stats. 2023, Ch. 127, Sec. 1. (AB 1320) Effective January 1, 2024.)
  44. 101.19.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The Department of Transportation must work with named local and tribal entities to plan Route 210 signs, recognize tribal lands and tribal history, and erect the signs and markers at appropriate locations.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.19. (a) The Department of Transportation shall work with the Native American Heritage Commission, the California Advisory Committee on Geographic Names, the Counties of Los Angeles and San Bernardino, and California tribes local to, or historically located along, Route 210, to identify appropriate locations for signs to recognize tribal lands along Route 210 and to name Route 210. (b) The Department of Transportation shall, through the erection of highway signs and appropriate markers, provide recognition of the historical and cultural importance of the California tribes local to, or historically located in, the Counties of Los Angeles and San Bernardino. The department shall erect those signs and other appropriate markers at the appropriate locations on Route 210, as part of the department’s regularly scheduled replacement, modification, and maintenance of highway signs. (c) The Legislature encourages the Counties of Los Angeles and San Bernardino to adopt resolutions to ensure that all people learn about the approved highway signs. (Added by Stats. 2023, Ch. 543, Sec. 2. (AB 776) Effective January 1, 2024.)
  45. 101.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may replace or have replaced any city limit road sign when it thinks this is necessary.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.2. The department may, when it deems it necessary, replace or cause to be replaced any city limit road sign. (Added by Stats. 1947, Ch. 1273.)
  46. 101.21.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must allow supplemental destination signs for a state special school within five miles of the highway in the next revision of the California Manual on Uniform Traffic Control Devices.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.21. The department shall, in the next revision of the California Manual on Uniform Traffic Control Devices, allow supplemental destination signs for a state special school that is located within five miles of the highway, regardless of whether the state special school is located in a major metropolitan area, urbanized area, or rural area. (Added by Stats. 2024, Ch. 152, Sec. 1. (AB 2367) Effective January 1, 2025.)
  47. 101.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must submit bridge or structure plans for Reclamation Board approval before building, and cannot build without that approval.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.3. The department shall submit all plans and specifications for any bridge or other structure across any river or other drainage channel or basin subject to the jurisdiction of the Reclamation Board for approval in accordance with the provisions of the Reclamation Board Act, and shall not construct any such bridge or structure without the approval of the said board. Whenever a bridge or other structure has been constructed according to plans and specifications which have been approved by the Reclamation Board, no change in or replacement or relocation of such bridge or structure shall be required by said board from funds appropriated for highway purposes without the consent of the department. (Added by Stats. 1939, Ch. 315.)
  48. 101.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must replace or arrange replacement of a city limit road sign when a city asks, the request is based on a substantial population change shown by a federal census, and the city has not made a similar request in the last five years.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.4. The department shall replace or cause to be replaced any city limit road sign if all the following conditions exist: (a) If the legislative body of a city requests the replacement. (b) If the request is based upon a substantial change of population evidenced by a special or general federal census. (c) If no previous request has been made by the city within a period of five years. (Added by renumbering Section 101.3 by Stats. 1961, Ch. 57.)
  49. 101.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may file maps with the State Lands Commission for certain state lands, and after approval may use the lands for highway-related purposes.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.5. The department may file for record with the State Lands Commission such maps as are necessary to furnish an accurate description of any ungranted swamp, overflow, tide, or submerged lands, the bed of any navigable channel, stream, river, creek, lake, bay, or inlet, or other sovereign lands of the State of California which, in the opinion of the department, are needed as a right-of-way for, and for the protection of, any state highway or as a source of materials for the construction, maintenance, or improvement of any state highway. Upon the approval of such map by the State Lands Commission, the lands described therein shall be reserved for such use by the department and the department is thereupon authorized to enter upon, occupy, and use such lands for such purpose or purposes. Any subsequent grant or permission to use such lands shall be subordinate to such reservation. Any such reservation may be released by the written certificate of the director filed with the State Lands Commission. This section shall not apply to state school lands. The department shall determine the reasonable value of such right-of-way or materials and shall deposit such amount in the State Parks and Recreation Fund. The amount so deposited shall be considered as part of the cost of construction of the state highways. (Amended by Stats. 1980, Ch. 777, Sec. 15.)
  50. 101.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department and county road commissioners must put up signs about the maximum penalty for throwing or discharging litter or flammable or glowing substances from vehicles in certain areas.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.6. The department shall design, place and maintain or cause to be placed and maintained at appropriate places along state highways signs which indicate the maximum penalty which may be prescribed for throwing or discharging any litter or any flammable or glowing substance from any vehicle outside of a business or residence district. County road commissioners shall place such signs along roads for which they are responsible. (Added by Stats. 1963, Ch. 2038.)
  51. 101.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must regulate rural freeway information signs, set standards and fees, and manage limited exceptions for certain locations and RV-friendly symbols.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.7. (a) The department shall adopt rules and regulations that allow the placement, near exits on freeways located in rural areas, of information signs identifying specific roadside businesses offering fuel, food, lodging, electric vehicle charging facilities, camping services, approved 24-hour pharmacy services, or approved attractions, and that prescribe the standards for those signs. (b) The department shall provide equal access to all business applicants. (c) (1) (A) Except as provided in paragraph (2), the department shall not approve the placement of a sign within an urban area designated by the United States Bureau of the Census as having a population of 5,000 or more. (B) The department may not remove an information sign that was placed before January 1, 2003, due solely to population growth in an urban area that results in a population of 5,000 or more but less than 10,000. (2) (A) Notwithstanding paragraph (1), the department, until January 1, 2021, shall allow the placement of information signs along State Highway Route 65 within, or at exits leading to, the City of Lincoln and along Interstate 80 within, or at exits leading to, the City of Truckee. (B) The authorization in this paragraph with respect to information signs along Interstate 80 within, or at exits leading to, the City of Truckee, shall apply only to incorporated areas with a population density of less than one person per acre surrounded entirely by land of the Tahoe National Forest. (C) On or before January 1, 2020, the department shall report to the transportation committees of the Senate and Assembly on the implementation of this paragraph. The report shall describe the implementation and any benefits of, or concerns regarding, that implementation, and shall include recommendations as to whether or not the period of this program should be extended and whether or not the authorization for information signs under this section should be expanded to urban areas having a population of 5,000 or more. (d) The information signs authorized in this section may be placed near the freeway exits in addition to, or in lieu of, other highway signs of the department, but not in lieu of on-premises or off-premises highway oriented business signs and directional signs. (e) The department shall establish and charge a fee to place and maintain information signs in an amount not less than 25 percent above its estimated cost in placing and maintaining the information signs. The department shall annually review the amount of that fee and revise it as necessary. Funds derived from the imposition of the fee, after deduction of the cost to the department for the placement and maintenance of the information signs, shall be available, upon appropriation by the Legislature, for safety roadside rest purposes. (f) The department shall incorporate the use of an “RV-friendly” symbol on an information sign placed pursuant to this section for a specific roadside business that meets criteria of the department regarding sufficiency for recreational vehicles with respect to the parking spaces and surfaces, vertical clearance, turning radius, and entrances and exits of the facility. A specific roadside business otherwise qualified for a sign pursuant to this section may qualify for and request an “RV-friendly” symbol for that sign. The department shall adopt rules and regulations for an “RV-friendly” symbol consistent with this section as well as the Federal Highway Administration’s Interim Approval for Addition of RV-friendly Symbol to Specific Service Signs. The rules and regulations adopted by the department shall include a provision for the roadside business to acknowledge that overnight occupancy is not permitted unless the roadside business is licensed as a special occupancy park as defined in Section 18862.43 of the Health and Safety Code. The department shall establish and charge an additional fee pursuant to subdivision (e) to place and maintain the symbol. (g) The department shall develop rules and regulations governing signs for approved attractions, which shall include amusement parks, botanical and zoological facilities, business districts and main street communities, education centers, golf courses, historical sites, museums, religious sites, resorts, ski areas, marinas, “u-pick” farms and orchards, farmers’ markets, and wineries, viticulture areas, and vineyards. (Amended by Stats. 2017, Ch. 158, Sec. 1. (AB 1633) Effective January 1, 2018.)
  52. 101.8.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may place and maintain highway signs that inform motorists about publicly funded rail transportation services, but only in permitted locations and not if doing so would trigger the federal penalty referenced in the section.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.8. (a) The department may design, place, and maintain, or cause to be designed, placed, and maintained, along state highways, signs to inform motorists of rail transportation services which receive public funding, in whole or in part, unless the sign would result in incurring the penalty specified in subsection (b) of Section 131 of Title 23 of the United States Code. (b) These signs may only be placed within the right-of-way of state highways that are parallel or adjacent to publicly funded passenger rail routes. (c) The signs are information structures or information signs as those terms are used in Sections 5203 and 5221 of the Business and Professions Code. (Amended by Stats. 1993, Ch. 272, Sec. 9. Effective August 2, 1993.)
  53. 101.9.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must adopt rules for certain rural highway guide signs and may place and maintain them when requested by specified public authorities.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 101.9. (a) The department shall adopt rules and regulations to allow, in rural areas, the placement, on interstate and primary highways near public exits, of guide signs indicating the existence, within one-half mile of that exit, of a fire station which is open 24 hours each day of the year. (b) Upon the request of the Department of Forestry and Fire Protection or a city or county, the department may place and maintain the signs in accordance with the adopted rules and regulations. The department shall bear the costs of placing and maintaining the signs. (Added by Stats. 1988, Ch. 151, Sec. 1. Effective June 10, 1988.)
  54. 10100.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

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    A municipality’s legislative body may install certain utility works in or along its streets when public interest or convenience requires.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100. Whenever the public interest or convenience requires, the legislative body of any municipality may install in or along its streets all or any of the following: (a) Water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service. (b) Lines, conduits, and other necessary works and appliances for providing electric power service. (c) Mains, pipes, and other necessary works and appliances for providing gas service. (d) Poles, posts, wires, pipes, conduits, lamps, and other necessary works and appliances for lighting purposes. (e) Any works, utility, or appliances necessary or convenient for providing any other public service. (Added by Stats. 1953, Ch. 192.)
  55. 10100.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

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    With the owner’s written consent, work may be done on private property to fix a disparity in level or size, if the legislative body finds it is in the public interest and cheaper than adjusting the public work.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.1. If the written consent of the owner of the property is first obtained, work may be done on private property to eliminate any disparity in level or size between the improvement and private property, provided that the legislative body determines in the resolution of intention to order the improvement that it is in the public interest and more economical to do such work on private property than to adjust the work on public property to eliminate such disparity. The actual cost of such work may be added to the assessment of the lot on which the work is done. Nothing in this section limits or restricts the authority of the legislative body to make agreements authorized by Section 1263.610 of the Code of Civil Procedure. (Amended by Stats. 1975, Ch. 1240.)
  56. 10100.2.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

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    This section lets a legislative body finance certain seismic safety or earthquake-repair work, subject to owner consent, notice, a 30-day lienholder notice, and limits on financing size.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.2. (a) (1) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay, or make funds available to enable the owners of lots or parcels of real property within the district to pay, for either of the following: (A) Work deemed necessary to bring real property or buildings, including privately owned real property or buildings, into compliance with seismic safety standards or regulations. The legislative body shall declare that public loans or funds provided to owners of private buildings for seismic strengthening of unreinforced buildings or other buildings, or real property, pursuant to this section constitute a public purpose resulting in a public benefit. Only work certified as necessary to comply with seismic safety standards or regulations by local building officials may be financed. No project involving the dismantling of an existing building and its replacement by a new building or the construction of a new or substantially new building may be financed pursuant to this section, except as otherwise provided in subparagraph (B). Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code). Any financing for seismic strengthening of a residential structure containing units rented by households specified in Section 50079.5 of the Health and Safety Code before strengthening shall be subject to a regulatory agreement that will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any assessments levied pursuant to this section on the parcel on which the structure is located remain unpaid. No lot, parcel, or building shall be included in the district without the owner’s consent. (B) Within any area that has been designated by the Governor as a disaster area or for which the Governor has proclaimed the existence of a state of emergency because of earthquake damage, work deemed necessary to repair any damage to real property directly or indirectly caused by the occurrence of an earthquake cited in the Governor’s designation or proclamation, or by aftershocks associated with that earthquake, including work to reconstruct, repair, shore up, or replace any real property or building damaged or destroyed by the earthquake or by its aftershocks. Work may be financed pursuant to this subparagraph only on real property or buildings identified in a resolution of intention to establish a district adopted within seven years of the date that the Governor designates the area as a disaster area or proclaims a state of emergency in the area. (2) Any district created to finance seismic safety work on privately owned buildings, including repair, reconstruction, or replacement of privately owned buildings pursuant to this section, shall consist only of lots or parcels on which the legislative body finds that the buildings to be worked on, repaired, reconstructed, or replaced pursuant to this section, are located or were located before being damaged or destroyed by the earthquake that is the subject of the Governor’s designation or proclamation pursuant to subparagraph (B) of paragraph (1), or by the aftershocks of that earthquake. (3) The Legislature hereby declares that the use of public funds pursuant to this section for seismic strengthening, repair, or reconstruction of privately owned real property or buildings constitutes a public purpose resulting in a public benefit. The use of funds pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. (4) A loan or expenditure of funds made by a district pursuant to this section and secured by a tax assessment or a lien, or both that assessment and lien, on private property shall not, when combined with existing liens on the property, exceed 80 percent of the current appraised value of the property, as determined by an independent, certified appraiser, unless existing lienholders consent in writing to a higher loan-to-value ratio. Notice of the creation of a district or the authorization for the loan or expenditure of funds for the purposes set forth in this section shall be given to lienholders of record on the property included in the district at least 30 days prior to any vote of the governing body authorizing the creation of the district or the loan or expenditure of funds that could create a lien on the property. (b) A district created to finance seismic safety or repair work pursuant to this section may include areas of territory that are not contiguous. (c) At any time after the passage of the resolution provided for in subdivision (a) of Section 10312, the legislative body may make changes in or modify the improvements or reduce the assessment with respect to a particular lot or parcel within an assessment district created for the purposes of this section with the written consent of the owner of that lot or parcel. (d) Any changes made within an assessment district created for the purposes of this section shall be made after notice and hearing, as provided in this division, except that changes may be made under any of the following circumstances: (1) At the hearing on the report, changes that do any of the following: (A) Eliminate a portion of the assessment district without increasing the amount of any assessment or substantially affecting the distribution of benefits from the improvements. (B) Exclude territory that will not be benefited by the remaining improvements without increasing the amount of any assessment. (C) Modify the improvements or the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner and without increasing the assessments on any other real property. (2) At any time after the improvements are ordered and during the pendency of the proceedings to establish the assessment district. (3) At any time after the adoption of the resolution provided for in subdivision (a) of Section 10312, to modify the improvements or reduce the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner. (e) An action to determine the validity of any assessments, bonds, bond anticipation notes, contracts, or improvements for the purposes of this section may be brought by the legislative body, or by any person designated by the legislative body, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of the Code of Civil Procedure. For this purpose, an improvement shall be deemed to be in existence upon its authorization and an assessment upon its confirmation. (f) It is the intent of the Legislature that the powers conferred by this section shall be in addition and supplemental to, and not exclusive of, the powers conferred by any other law. (Amended by Stats. 2004, Ch. 183, Sec. 340. Effective January 1, 2005.)
  57. 10100.3.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The legislative body may use this section’s financing powers for fire safety improvements, but only certified necessary work may be financed and owner consent is required for inclusion in the district.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.3. (a) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay for work or to make loans deemed necessary to bring buildings, including privately owned buildings, into compliance with fire safety standards or regulations. The legislative body shall declare that public loans or funds to owners of private buildings for fire safety improvements pursuant to this section constitute a public purpose resulting in a public benefit. (b) Only work certified as necessary to comply with fire safety standards or regulations by local building officials may be financed. No project involving the dismantling of an existing building and its replacement by a new building or the construction of a new or substantially new building may be financed pursuant to this section. Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code). (c) Any financing for fire safety improvements of a residential structure containing units that were rented by households specified in Section 50079.5 of the Health and Safety Code before making of fire safety improvements shall be subject to a regulatory agreement that will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any portion of a loan issued pursuant to this section remains unpaid. (d) No lot, parcel, or building shall be included in the district without the owner’s consent. (e) The Legislature hereby declares that the expenditure of public funds or making of loans to owners of private buildings pursuant to this section for fire safety improvements constitutes a public purpose resulting in a public benefit. Public funds or loans made pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. (Added by Stats. 1992, Ch. 832, Sec. 1. Effective January 1, 1993.)
  58. 10100.5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    A municipality’s legislative body may install or operate transportation-related facilities in or along streets, public ways, or easements when public interest or convenience requires.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.5. Whenever the public interest or convenience requires, the legislative body of any municipality may install or operate, or install and operate, in or along its streets or any public way or any easement, any of the following: (a) Works, systems or facilities for the transportation of people, designed to serve an area of not to exceed three square miles, including rolling stock and other equipment appurtenant thereto. (b) All other work auxiliary to any of the above, which may be required to carry out the same, including, but not limited to, terminal and intermediate stations, structures, or platforms or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities. (c) Acquisition of any and all property, easements, and rights-of-way which may be required to carry out the purposes of the project. (Amended by Stats. 1971, Ch. 738.)
  59. 10100.6.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The legislative body may prepare an annual expense estimate and levy a special ad valorem assessment, subject to a yearly rate cap.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.6. Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of works, system or facilities authorized by subsection (a) of Section 10100.5 or subsection (a) of Section 5101.5 upon a district benefited thereby, and annually on or before June 30th, the legislative body may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, operation, repair and improvement of such works, system or facilities and shall deduct from such estimate the amount of revenues, if any, which the legislative body estimates will accrue during such year from the operation of such works, system or facilities and will be available to pay costs of such maintenance, operation, repair and improvement. The legislative body may levy and collect in any year upon and against all of the taxable land and improvements within such district a special ad valorem assessment sufficient to raise a sum of money not exceeding the net amount thus determined but the rate of assessment in any one year shall not exceed twenty-five cents ($0.25) on each one hundred dollars ($100) assessed value as shown on the assessment roll used by the city for city taxation. The special ad valorem assessment shall be levied, collected and enforced at the same times, in the same manner, by the same officers, and with the same interest and penalties, as in the case of general taxes levied by the city. The proceeds of the assessment shall be placed in a separate fund of the city and shall be expended only for the maintenance, operation, repair or improvement of such works, system or facilities. (Added by Stats. 1963, Ch. 893.)
  60. 10100.7.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    A municipality’s legislative body may form an assessment district and issue bonds for certain water or sewer facility refund or reimbursement arrangements, but only with written owner consent.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.7. The legislative body of any municipality which has entered into an agreement with an owner or owners of land within the municipality whereby the owner or owners have constructed or acquired water system facilities, including wells, pumps, dams, reservoirs, storage tanks, pipes, hydrants, meters or other appurtenances for supplying or distributing a domestic water supply, or sewer system facilities, including sewers, pipes, conduits, manholes, treatment and disposal plants, connecting sewers and appurtenances for providing sanitary sewer service, or capacity in these facilities, and have transferred the facilities or capacity to the municipality to be utilized by it for providing water or sewer service, or both, to the land of the owner or owners, and whereby the municipality has agreed to refund or reimburse to the owner or owners the cost of the facilities or capacity or any portion thereof out of connection fees or other revenues or funds of the municipality, including an assessment levied upon the land of the owner or owners or proceeds from the sale of bonds issued pursuant to this division, may upon obtaining the written consent of the owner or owners conduct proceedings pursuant to this division for the formation of an assessment district over and including the land of the owner or owners and levying an assessment thereon and issuing bonds as authorized by Chapter 7 (commencing with Section 10600), for the purpose of satisfying its refund or reimbursement obligation to the owner or owners. The municipality may, upon obtaining the written consent of the owner thereof, include in the assessment district, and levy an assessment upon, any land which will benefit from the water or sewer system facilities, or both, or capacity therein, whether or not the land is owned by the owner or owners who are parties to the agreement with the municipality, but may not include in an assessment district the land of any owner who does not consent in writing thereto. (Added by Stats. 1983, Ch. 8, Sec. 2.)
  61. 10100.8.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The legislative body may estimate annual maintenance and repair expenditures and may levy a special assessment, but the assessment proceeds must be handled in a separate city fund and used only for maintenance, repair, or improvement of the works, systems, or facilities.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.8. (a) Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing works, systems, or facilities after January 1, 1985, upon a district benefited thereby, and annually on or before June 30th, the legislative body may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, repair, and improvement of the works, systems, or facilities. (b) The legislative body, may, by resolution adopted at a public hearing, determine to levy and collect in any year upon and against all of the taxable land and improvements within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subdivision (a). (c) The special assessment shall be levied, collected, and enforced at the same time, in the same manner, by the same officers, and with the same interest and penalties, as in the case of other special assessments levied pursuant to this division by the city. The proceeds of the assessment shall be placed in a separate fund of the city and shall be expended only for the maintenance, repair, or improvement of the works, systems, or facilities. (d) For purposes of this section, “maintenance, repair, and improvement” shall include all expenses incurred to keep the work, system, or facility in fit operating condition which are ordinarily incurred no more frequently than every five years, except that expenses which are ordinarily incurred at lesser intervals may be included if the legislative body finds that the expenses have to be incurred in order to maintain the level of benefit to the assessed parcels and that the level of benefit would otherwise decline more rapidly than usual for other public works of the type involved because of circumstances which do not ordinarily affect these public works. (Added by Stats. 1984, Ch. 1298, Sec. 21.)
  62. 10100.9.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Before a hearing under Section 10100.8, the clerk must publish notice of the hearing.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10100.9. Prior to any hearing pursuant to Section 10100.8, the clerk shall cause notice of the hearing to be published pursuant to Section 6066 of the Government Code. (Added by Stats. 1984, Ch. 1298, Sec. 21.5.)
  63. 10101.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The legislative body may acquire certain utility-related works, appliances, property, and supplies for municipal or public service use.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10101. The legislative body may acquire any works or appliances already installed in the streets, of the municipality which are necessary or convenient to supply the municipality or its inhabitants with water, electricity, gas, or other means of heat, illumination, power, or any other public service, and any plants, lands, and rights of way, whether located within or without the municipality, which are necessary or convenient for their use and operation, or may acquire the use of any such works, appliances, and other property. The legislative body may also acquire electric current, gas, or other illuminating agent for power or lighting service pursuant to this division. (Added by Stats. 1953, Ch. 192.)
  64. 10102.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    A municipality’s legislative body may, when public interest or convenience requires, pay fees or expenses, acquire or install authorized local improvements, and acquire needed land interests.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10102. Notwithstanding any other provision of this division, whenever the public interest or convenience requires, the legislative body of any municipality may pay fees or expenses or acquire or install any or all of the works and improvements authorized by, and subject to the limitations with respect to those works and improvements set out in, the Improvement Act of 1911 (Division 7 (commencing with Section 5000)), the Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18), the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18), the Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of the Government Code), or other works and improvements of a local nature, and may acquire by gift, purchase, or eminent domain proceedings land, rights-of-way, and easements necessary for the works and improvements. (Amended by Stats. 1991, Ch. 966, Sec. 9.)
  65. 10102.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section incorporates related underground-conversion rules and says work performed by a contractor, utility, public agency, or city is paid from the improvement fund.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10102.1. The provisions of the Improvement Act of 1911 relating to conversion of existing overhead electric and communication facilities to underground locations, as set forth in Chapter 28 (commencing with Section 5896.1) of Part 3, Division 7 of this code, excepting Sections 5896.10, 5896.13 and 5896.15, are incorporated in this division as if fully set out herein. References in said Chapter 28 to “this division” shall be deemed to refer to Division 12. The contractor, public utility, public agency or city performing the work of conversion shall be paid therefor from the improvement fund. The agreement provided for by Section 5896.9 shall be made prior to the adoption of the resolution ordering the work. Any written request executed pursuant to Section 5896.14 shall be filed with the clerk not later than the time set for hearing on the report, provided, that the legislative body may authorize such request to be filed at any time not later than the confirmation of the assessment. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  66. 10102.2.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section incorporates specified provisions of the Improvement Act of 1911 into Division 12, with a special rule that references to “this division” mean Division 12.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10102.2. The provisions of the Improvement Act of 1911 relating to work performed on a state highway, county road, or railroad right-of-way, as set forth in Sections 5101.7 and 5101.8, are incorporated in this division as if fully set out herein, except that references to “this division” shall be deemed to refer to Division 12 (commencing with Section 10000). (Added by Stats. 1983, Ch. 106, Sec. 4. Effective June 21, 1983.)
  67. 10103.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Cities, counties, and public corporations may carry out certain improvements and levy assessments, but only after obtaining the consent required by the referenced chapter.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10103. The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7 of this code providing for the construction of work and the levy of an assessment by a city within a county or by a county within a city, are incorporated in this division as if fully set out herein. Upon obtaining the consent required in that chapter, a city may construct improvements and levy an assessment in a county or in another city, a county may construct improvements and levy an assessment within a city, and a public corporation may consruct improvements and levy an assessment outside of its boundaries either within a city or within a county. If no assessment is to be levied outside the boundaries of the city, county, or public corporation conducting the assessment proceedings, the proposed resolution of intention need not be submitted or approved and the consent required shall be obtained prior to the ordering of the improvement. (Amended by Stats. 1961, Ch. 1432.)
  68. 10104.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    If a non-city/county legislative body starts a proceeding, it must submit the proposed resolution and map for approval before adopting the resolution of intention.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10104. When any proceeding is initiated under this division by a legislative body other than that of a city or county, and before the resolution of intention is adopted, the proposed resolution, together with a plat or map which shall indicate by a boundary line the extent of territory included in the proposed district, shall be submitted for approval of the legislative body of the city, where the land to be assessed lies within the corporate limits of any city, or of the county, where the land to be assessed lies within an unincorporated territory. When such approval has been secured, the resolution of intention may be adopted and the legislative body initiating the proceeding may thereafter take each and every step required for or suitable for the consummation of the work and the levying, collecting and enforcement of the assessments to cover the expenses thereof and the issuance and enforcement of bonds to represent unpaid assessments. (Amended by Stats. 1967, Ch. 574.)
  69. 10105.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The legislative body may use a resolution of intention for certain authorized improvements, and that resolution must say the work starts only after a qualifying public agency or authority accepts the project and agrees to contribute labor or materials.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10105. As an alternative procedure for constructing any improvement authorized under the Improvement Act of 1911, the legislative body may pass a resolution of intention to do such work, which shall contain a provision that the work shall be instituted when any local, state, or national agency or authority accepts the proposed work as a project for which a contribution of labor, or labor and any portion of materials, supplies, or equipment, will be made by such agency or authority. (Added by Stats. 1953, Ch. 192.)
  70. 10106.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    If the alternative procedure is used, the contractor must supply the labor, materials, supplies, and equipment needed for the improvements, and the resolution must state the required contribution details.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10106. Under the alternative procedure the work to be done by the contractor shall consist of furnishing all or any part of the labor, materials, supplies, and equipment necessary for the construction of the improvements or the work may be performed or the labor, materials, supplies, and equipment furnished in the same manner as provided in Chapter 6 of this division. Whenever the alternative procedure is adopted, the resolution shall recite that fact, state the name of the agency or authority which is to make the contribution, the contribution which is to be made, and the work to be done by the contractor or by the city. In all other particulars the resolution shall conform to the provisions of Chapter 3 of this division. Nothing in this section prevents the acceptance of contributions not mentioned in the resolution of intention for any improvements mentioned in this section, and for that purpose Section 5125 is incorporated as part of this division as if fully set out herein. (Added by Stats. 1953, Ch. 192.)
  71. 10107.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section says Chapter 26 of Part 3 of Division 7 is incorporated into this division, and those provisions may be used together with the other provisions in this division.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10107. The provisions of Chapter 26 of Part 3 of Division 7 of this code are incorporated in this division as if fully set out herein. These provisions may be used in combination with the other provisions of this division. (Added by Stats. 1953, Ch. 192.)
  72. 10108.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    A city may form a maintenance district.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10108. A city may form a maintenance district, in which event Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code, excepting Sections 5850 to 5853, inclusive, as now or hereafter provided, shall hereafter apply. In such event, the officers referred to therein shall be deemed to be the city officers performing the same duties. (Added by Stats. 1955, Ch. 1306.)
  73. 10109.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The section allows works, appliances, or improvements to be acquired or installed under the division’s proceedings when certain ownership or control conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10109. Whenever the improvement or acquisition includes the acquiring or the installation of works, appliances, or improvements authorized by this division, and the works, appliances, or improvements are, or may be, under the ownership, management, or control of any public agency other than the city making the acquisition or ordering the work done, or of a regulated public utility, the works, appliances, or improvements may be acquired or installed under the proceedings specified in this division. For purposes of this section and Sections 10110 and 10111, “regulated public utility” includes a cable television company. (Amended by Stats. 1990, Ch. 446, Sec. 22.)
  74. 10110.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Before ordering certain works or improvements, the legislative body must make an agreement with the public agency, utility, or mutual water company involved.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10110. Before the ordering of the work, acquisitions, or improvements which are to be owned, managed, or controlled by any other public agency, regulated public utility, or mutual water company, the legislative body shall enter into an agreement with the public agency, public utility, or mutual water company which has, or may have, charge of the works, appliances, or improvements. The agreement may provide for the joint exercise of any power authorized by this division by two or more local agencies authorized to use this division if the legislative body of each participating agency adopts a resolution declaring that the joint agreement would be beneficial to the residents of the area of the agency. A local agency which is a party to the agreement may use the proceeds of any assessment or of any bonds or other indebtedness issued in conjunction with this division pursuant to the agreement to provide facilities which the local agency is otherwise authorized by law to provide, even though another agency which is a party to the agreement does not have the power to provide those facilities. Among other things, the agreement may provide for any of the following: (a) For the supplying by the public agency, public utility, or mutual water company of plans and specifications in accordance with Chapter 5 (commencing with Section 5170) of Part 3 of Division 7. (b) For the performance of work or service by the public agency, public utility, or mutual water agency, and the payment to the public agency, public utility, or mutual water company out of the improvement fund for the work or service. Any agreement providing for the performance of work by a public utility or mutual water company may provide for the posting of labor, material, and performance bonds. (c) For the acquisition by the legislative body of works or appliances already installed and for the conveyance of these works or appliances to the public agency, public utility, or mutual water company. The owner of these works or appliances may be a party to the agreement. (d) That the agreement shall become effective after proceedings have been taken pursuant to this division and the funds are available to carry out all the terms thereof. Whenever it is proposed to annex to the public agency the territory in which the installation or acquisition is contemplated, proceedings may be taken up to and including the confirmation of the assessment as provided for in Section 10312 prior to the commencement of the annexation proceedings. If the annexation is successful, the assessment shall be recorded and other proceedings taken that may enable the parties to comply with the terms of the agreement. If the annexation proceedings fail, further proceedings under the resolution of intention are barred. Any agreement entered into pursuant to this section, to the extent that utilities have been financed by special assessments, shall provide that no main extension refund agreement shall be entered into with a developer. (Amended by Stats. 1989, Ch. 104, Sec. 29.)
  75. 10110.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Refund payments tied to certain special-assessment improvements must be put into a city-treasurer-administered special fund and used as credits, to call bonds, or both; older payments must go to the city general fund.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10110.1. If an agreement entered into pursuant to Sections 10109 and 10110 provides for the payment of refunds, and to the extent that the works, appliances, or improvements to which the refund payments are applicable are financed by special assessments, any amounts paid by the public agency, public utility, or mutual water company as a refund payment for the works, appliances, or improvements to be transferred to the public agency, public utility, or mutual water company under the agreement shall be deposited into a special fund to be established and administered by the city treasurer and applied as a credit upon the assessment and supplemental assessment, if any, in the same manner as provided in Section 10427.1, or shall be used to call bonds, or both. The credits shall be applied only to the assessments levied for the particular improvements for which the refund is made. Any such amounts shall be transferred to the general fund of the city if either of the following occurs: (a) The amounts are paid later than four years from the date of recordation of the assessment and any supplemental assessment. (b) If bonds have been issued, the amounts have been paid later than four years after the due date of the last installment upon the bonds or of the last principal coupons attached thereto. (Amended by Stats. 1991, Ch. 966, Sec. 10.)
  76. 10111.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

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    After the work or improvements are completed and accepted, title to them vests in the public agency or utility, which must then use, operate, maintain, and manage them as part of its system.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10111. After the work, acquisitions or improvements have been completed and accepted, or conveyed to the public agency or utility, title to the works, appliances or improvements so installed, acquired or conveyed shall vest in the public agency or utility and constitute a part of its system, and shall at all times thereafter be used, operated, maintained, and managed by it as a part of such system. (Amended by Stats. 1963, Ch. 1224.)
  77. 10112.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    For a proposal involving a water supply system or sanitary sewers and facilities, the legislative body may treat certain preliminary steps as improvements.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Improvements Authorized [10100 - 10112] ( Chapter 2 added by Stats. 1953, Ch. 192. ) ## 10112. In the case of a proposal for a water supply system or sanitary sewers and facilities, the preliminary steps, including, but not limited to, environmental impact reports, feasibility studies, engineering plans, cost estimates, legal expenses, and elections, may, at the legislative body’s discretion, be deemed to be improvements. (Added by Stats. 1981, Ch. 630, Sec. 4. Effective September 22, 1981.)
  78. 10120.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. )

    Verify source ↗

    The legislative body may choose to use an election to secure owners’ approval for certain improvements.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. ) ## 10120. Approval of the owners of land for any improvements specified in Section 10112 may, at the discretion of the legislative body, be secured through an election. (Added by Stats. 1981, Ch. 630, Sec. 5. Effective September 22, 1981.)
  79. 10121.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. )

    Verify source ↗

    This section lets the election be run by mailed ballot, requires published notice before the election, and limits voting to one vote per parcel and one vote on behalf of a landowner.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. ) ## 10121. (a) Notwithstanding any other provision of law, the election may be conducted by mailed ballot pursuant to Chapter 1 (commencing with Section 4000) of Division 4 of the Elections Code, regardless of the number of voters eligible to vote. Prior to the election, the legislative body shall provide for published notice of the election at least once a week for two weeks. Only one vote may be cast for each parcel of land within the territory proposed to be studied. (b) If the landowner is a partnership, joint tenancy, corporation, or tenancy in common, the vote to which the landowner is entitled may be cast by any of the partners, joint tenants, or tenants in common. However, only one vote may be cast on behalf of the landowner. (c) As used in this section: (1) “Landowner” means any person shown on the last equalized assessment roll as the owner of land. However, if the ownership of the land is changed after the making of the last equalized assessment roll, the new owner thereof may vote upon the production of evidence of ownership of the land. (2) “Parcel” means any parcel as identified on the last equalized assessment roll. (Amended by Stats. 1994, Ch. 923, Sec. 222. Effective January 1, 1995.)
  80. 10122.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. )

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    The voted-on measure must describe the proposed improvements, include a map of the benefited assessment territory, and estimate the improvement costs. The legislative body must approve it after a public hearing.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. ) ## 10122. The measure to be voted on shall include a description of the improvements proposed, a map showing the territory to be benefited by the proposed improvements and proposed to be subject to assessments, and an estimate of the costs of the improvements proposed. The measure to be voted on shall be approved by the legislative body after holding a public hearing. (Added by Stats. 1981, Ch. 630, Sec. 5. Effective September 22, 1981.)
  81. 10123.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. )

    Verify source ↗

    A proposition passes only if a majority of voting voters approve it; if approved, assessments are levied and collected under Chapter 5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. ) ## 10123. The proposition is approved if a majority of the voters voting approve the measure. If the measure is approved by the voters, assessments shall be levied and collected pursuant to Chapter 5 (commencing with Section 10400). The legislative body may pay the cost of the work described in Section 10112 prior to the collection of assessments. Any assessment imposed pursuant to this section may be collected in installments over a period not to exceed five years. (Added by Stats. 1981, Ch. 630, Sec. 5. Effective September 22, 1981.)
  82. 10124.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. )

    Verify source ↗

    The legislative body may delay collecting Section 10123 assessments until an assessment district is created for certain water supply or sanitary sewer projects.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. ) ## 10124. Notwithstanding Section 10123, the legislative body may delay the collection of the assessments imposed by Section 10123 until the time an assessment district is created pursuant to Section 10200 to pay the costs of a water supply system project, or a sanitary sewer and facilities project, where the costs of proposed improvements for such a project have been approved pursuant to Section 10123. (Added by Stats. 1981, Ch. 630, Sec. 5. Effective September 22, 1981.)
  83. 10125.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. )

    Verify source ↗

    If an assessment district is created under Section 10200, the legislative body must combine the Section 10123 assessments with the Section 10200 assessments in that district when the district is for a water supply system or a sanitary sewer and facilities project approved under Section 10123.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 2.5. Elections [10120 - 10125] ( Chapter 2.5 added by Stats. 1981, Ch. 630, Sec. 5. ) ## 10125. If an assessment district is created pursuant to Section 10200, the legislative body shall include the assessments imposed by Section 10123 with the assessments imposed by Section 10200 within an assessment district created to pay the costs of a water supply system, or a sanitary sewer and facilities project, where the costs of proposed improvements for such a project have been approved pursuant to Section 10123. (Added by Stats. 1981, Ch. 630, Sec. 5. Effective September 22, 1981.)
  84. 102.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may acquire needed property by eminent domain for state highway purposes, and it must give the property owner copies of appraisals in a timely manner.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 102. (a) In the name of the people of the State of California, the department may acquire by eminent domain any property necessary for state highway purposes. (b) For any property that the department is acquiring by, or under threat of, eminent domain, the department shall, in a timely manner, provide a copy of all appraisals it performed or obtained for the property to the property owner. If any appraisals that are performed or paid for by the department are first provided to the property owner, the appraiser shall provide a copy of those appraisals to the department. (Amended by Stats. 2007, Ch. 411, Sec. 1. Effective January 1, 2008.)
  85. 1020.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. )

    Verify source ↗

    County boards of supervisors may create and adjust road districts, but must not include cities that already handle street work and improvements under a related law.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. ) ## 1020. The boards of supervisors may divide their respective counties into suitable road districts, may change the boundaries thereof, and may create new districts. The board shall not include in such road district any city wherein street work and improvements are done by virtue of any law relating to street work and improvements within such city. (Amended by Stats. 1957, Ch. 414.)
  86. 10200.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

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    Before ordering an authorized improvement, the legislative body must adopt a resolution of intention that describes the improvement, identifies the assessment district boundaries, and includes any bond, assessment, surplus-disposal, and interagency-agreement statements required by the section.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10200. Before ordering any improvement which is authorized by this division to be made, the legislative body shall adopt a resolution declaring its intention to do so, briefly describing the proposed improvement, specifying the exterior boundaries of the assessment district, providing for the issuance of improvement bonds, if any bonds are to be issued, pursuant to Chapter 7 (commencing with Section 10600), declaring its intention to levy an assessment to maintain, repair, or improve the facility pursuant to Section 10100.8, if it intends to levy such an assessment, and providing for the disposal of any surplus remaining in the improvement fund after the completion of the improvement, as authorized in Section 10427. The descriptions do not need to be detailed and shall be sufficient if they enable the engineer to generally identify the nature, location, and extent of the improvements and the location and extent of the assessment district. The resolution of intention shall also contain a brief statement of the intention of the legislative body to enter into an agreement with any other public agency, or public utility, pursuant to Chapter 2 (commencing with Section 10100). (Amended by Stats. 1984, Ch. 1298, Sec. 23.)
  87. 10201.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    In a resolution of intention, the legislative body may direct that part of an improvement’s cost and expenses be paid from the municipality’s treasury.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10201. In the resolution of intention the legislative body may order that a specified portion or percentage of the cost and expenses of the improvement shall be paid out of the treasury of the municipality from such fund as the legislative body may designate. (Added by Stats. 1953, Ch. 192.)
  88. 10201.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

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    The legislative body may, in the resolution of intention and in its discretion, include private utility damages in the assessment.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10201.1. As used in the chapter, “private utility damages” means the amount to which any private utility might be entitled by virtue of Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code on account of the construction of the proposed improvement. In the resolution of intention, the legislative body, in its discretion, may order that private utility damages be included in the assessment. (Added by Stats. 1967, Ch. 599.)
  89. 10202.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

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    A proposed improvement may include any kind of work listed in this division, but maintenance of appliances or furnishing utilities/illumination must be limited to a period stated in the resolution of intention and cannot exceed two years.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10202. The proposed improvement may include any or all of the different kinds of work mentioned in this division, but the maintenance of appliances or the furnishing of electric current, gas, or other illuminating agent shall be for a period stated in the resolution of intention not exceeding two years. (Added by Stats. 1953, Ch. 192.)
  90. 10203.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

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    The legislative body must refer the proposed improvement to the named municipal board, officer, city engineer, or other qualified person, and direct that person or body to file a written report with the clerk.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10203. In the resolution of intention the legislative body shall refer the proposed improvement to the board, commission, or officer of the municipality having charge and control of the construction of public improvements of the kind described in the resolution, or to the city engineer, or to such other board or officer of the municipality, or competent person employed by the municipality for the purpose, as the legislative body may name in the resolution, and direct such board, commission, officer, or person to make and file with the clerk of the legislative body a report in writing. (Added by Stats. 1953, Ch. 192.)
  91. 10204.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The report must include specified plans, descriptions, cost estimates, diagrams, and assessment details.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10204. The report of the person or board to whom the improvement is referred by the legislative body shall contain all of the following: (a) Plans and specifications of the proposed improvement if the improvement is not already installed. The plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document. (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or property are to be acquired as part of the improvement. (c) An estimate of the cost of the improvement and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvement, including any cost of registering bonds. If the legislative body, in the resolution of intention, ordered that private utility damages be included in the assessment, the report shall contain an estimate of the private utility damages. If the legislative body, in the resolution of intention, declared its intention to levy an assessment for the maintenance, repair, or improvement of the work, system, or facility, the report shall contain an estimate of the amount of this assessment for each of the first five years during which the assessment would be levied. (d) A diagram showing, as they existed at the time of the passage of the resolution of intention, all of the following: (1) The exterior boundaries of the assessment district. (2) The boundaries of any zones within the district. (3) The lines and dimensions of each parcel of land within the district. Each subdivision, including each separate condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the county assessor’s maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (e) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. In the case of an assessment for installation of planned local drainage facilities which are financed, in whole or in part, pursuant to Section 66483 of the Government Code, the assessment levied against each parcel of subdivided land may be levied on the basis of the proportionate storm water runoff from each parcel. When any portion or percentage of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10201, the amount of that portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (d). (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay costs incurred by the city and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. (Amended by Stats. 1987, Ch. 1388, Sec. 27.)
  92. 10204.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    When an assessment district includes land being subdivided under the Subdivision Map Act, certain compliance costs cannot be counted as incidental expenses.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10204.1. If the assessment district consists, in whole or in part, of lands subdivided or to be subdivided under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, none of the costs and expenses required for compliance with the Subdivision Map Act, including but not limited to surveying and engineering costs incurred in the preparation of any map required by such act, shall be included in the incidental expenses of any improvement ordered to be made or acquired under this division. Incidental expenses under this division may include: (1) The costs and expenses of modifying any tentative or final map prepared pursuant to the Subdivision Map Act for use as the map of the assessment district or diagram; and (2) Any surveying or engineering expenses incurred for preparation of the plans and specifications of any improvement to be constructed under this division. (3) Any private utility damages. (Amended by Stats. 1975, Ch. 24.)
  93. 10204.2.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

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    If improvement bonds are issued, the project costs may include an interest allowance capped at two years’ estimated bond interest, and that allowance must be paid into the bonds’ redemption fund when the bonds are sold and delivered.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10204.2. If improvement bonds are to be issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)), the costs and expenses of the proposed improvement may include an allowance for interest not exceeding two years’ estimated interest on the bonds. The amount of the allowance for interest shall be paid into the redemption fund for the bonds upon sale and delivery of the bonds. (Amended by Stats. 1989, Ch. 104, Sec. 30.)
  94. 10204.5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    When preparing the assessment report, the person or board may presume that certain future-needs facilities benefit undeveloped or underdeveloped property in the area.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10204.5. In preparing the report in which assessments are apportioned pursuant to subdivision (e) of Section 10204, the person or board to whom the improvement is referred by the legislative body may presume that facilities which are required to meet the needs of future residents of an area, as indicated by a general or specific plan for the area, will benefit undeveloped and underdeveloped property within the area. If the legislative body adopts the report, that presumption shall be conclusive. (Added by Stats. 1985, Ch. 1332, Sec. 12. Effective October 1, 1985.)
  95. 10205.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

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    The legislative body may authorize the city, by ordinance, to contribute specified revenues for listed district purposes, within stated limits.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10205. The provisions of the Improvement Act of 1911 relating to contributions are incorporated in this division as if fully set out herein. At any time either before or after the formation of the district, the legislative body may provide by ordinance that for a period specified in the ordinance, but not exceeding the term of bonds issued or to be issued, the city may contribute, from any sources of revenue not otherwise prohibited by law, any specified amount, portion, or percentage of such revenues for the purposes set forth in such ordinance, limited to the following: the acquisition or construction of improvements, the acquisition of interests in real property and the payment of expenses incidental thereto for the use and benefit of the district. In addition, the purposes specified in the ordinance may also include the application of such revenues as a credit upon the levied assessments in the same manner as is provided in Section 10427.1. A brief statement of intention to provide such contribution of revenues shall be set forth in the resolution of intention. Such contribution shall not constitute an indebtedness or liability of the municipality. Contributions may be made from any sources of revenue not otherwise prohibited by law; provided, however, that any contributions authorized after the levy of assessment shall be from sources other than ad valorem taxes on real property. (Amended by Stats. 1971, Ch. 438.)
  96. 10206.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section says certain provisions from the Improvement Act of 1911 are incorporated into this division.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10206. The provisions of the Improvement Act of 1911 relating to assessments on publicly owned property and railroad property, and certificate or bond secured by unpaid assessments on publicly owned property, are incorporated in this division as if fully set out herein. (Amended by Stats. 1969, Ch. 513.)
  97. 10207.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section incorporates Chapter 4 of Part 3 of the Improvement Act of 1911, starting with Section 5150, into this division.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10207. The provisions of Chapter 4 (commencing with Section 5150) of Part 3 of the Improvement Act of 1911 are incorporated in this division as if fully set out herein. (Amended by Stats. 1974, Ch. 426.)
  98. 10208.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The exterior boundaries of an assessment district may be specified and described under the Improvement Act of 1911.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10208. The exterior boundaries of the assessment district may be specified and described as provided in the Improvement Act of 1911. (Added by Stats. 1953, Ch. 192.)
  99. 10209.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    In land assessments, credit may be allowed for dedications and for improvements built at private expense.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10209. In the assessment of land, credit may be given for dedications and for improvements constructed at private expense. (Amended by Stats. 1974, Ch. 739.)
  100. 10210.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The legislative body may transfer municipal funds into a special fund for the improvement proceeding, and the transferred sums count as a loan to be repaid from assessment proceeds.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Resolution of Intention and Report [10200 - 10210] ( Chapter 3 added by Stats. 1953, Ch. 192. ) ## 10210. To expedite the conduct of proceedings and the making of any acquisition or improvement authorized by this division the legislative body may at any time transfer into a special fund designated by the name of the improvement proceeding, out of any available funds of the municipality, such sums as it deems necessary. The sums so transferred are a loan to the special fund, and shall be repaid out of the proceeds of the assessments provided for in this division. (Added by renumbering Section 10209 by Stats. 1968, Ch. 92.)
  101. 1026.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. )

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    If a road district is or will be unreasonably burdened by certain county highway-related costs, the board of supervisors may order those costs paid from specified county funds.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. ) ## 1026. Whenever the board of supervisors finds that any road district in such county is or will be unreasonably burdened by the expense of constructing or maintaining any county highway, or any bridge or tunnel connecting or forming a part of such highway, or by the expense of the purchase of any toll roads the board may: (a) Order the whole or any portion of the aggregate expense to be paid out of the road fund of the county. (b) By a majority vote of the board’s membership, order the whole or any portion of the expense of construction or repair of such bridges or tunnels, or a portion of the expense of the purchase of such toll roads, to be paid out of the county general fund. (c) By unanimous vote of the board’s membership, order the whole or any portion of the expense of material for highway construction to be paid out of the county general fund. (d) By a four-fifths vote of the board’s membership, order to be paid out of the county general fund or the road fund, or both, the whole or any portion of the expense of constructing, reconstructing or repairing any bridges or highways destroyed or damaged by storms, floods or calamities. (Amended by Stats. 1961, Ch. 801.)
  102. 1027.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. )

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    When highway work requires fence removal, the road commissioner must notify the owner or occupant to remove the fences, and may remove them at the owner’s expense if they are not removed within 10 days.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. ) ## 1027. When the alteration of an old or the opening of a new county highway necessitates the removal of fences on real property acquired for highway purposes, the road commissioner shall serve upon the owner, his occupant or his agent, a notice to remove the fences, or in lieu of such service may post such notice on the fences which are to be removed. If, within ten days after such service or posting, the removal is not completed, or is not commenced and then being prosecuted with due diligence, the road commissioner may cause the fence to be carefully removed at the expense of the owner, and may recover judgment of him for the cost of such removal. The road commissioner may sell the fence material and apply the proceeds toward the satisfaction of the judgment. (Enacted by Stats. 1935, Ch. 29.)
  103. 1028.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. )

    Verify source ↗

    The board of supervisors may call special meetings to hear highway and road matters.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. ) ## 1028. The board of supervisors may call, at such times as in the judgment of the board may be required, a special meeting of the board for hearing highway and road matters. At such special meetings the board shall hear highway and bridge reports and complaints from officers and citizens, and shall take such action regarding the reports and complaints as the public welfare demands. (Amended by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  104. 1029.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. )

    Verify source ↗

    Road district consolidation does not override the requirement that taxes collected in a road district be spent in that same district.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. Road Districts [1020 - 1029] ( Heading of Chapter 3 amended by Stats. 1957, Ch. 413. ) ## 1029. The consolidation of road districts as provided in Section 2006 shall be without prejudice to the legal requirement that all road district taxes collected in any one such district shall be expended in that district. (Amended by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  105. 103.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    This section sets special planning, review, and permitting rules for the north coast corridor project.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 103. (a) As used in this section, the following terms have the following meanings: (1) “Multimodal” means transportation options within a transportation corridor, including, but not limited to, highways, rail lines, pedestrian walkways and bike lanes, and commuter transit services. (2) “North coast corridor project” means a 27-mile long series of projects within the coastal zone that includes improvements to a segment of State Highway Route 5 and the portion of the Los Angeles-San Diego-San Luis Obispo rail corridor between the City of Oceanside and the City of San Diego in San Diego County. (3) “8+4 Buffer Alternative” means the addition of a multimodal managed lane facility consisting of two lanes on either side of State Highway Route 5 within the north coast corridor, separated from general purpose lanes by striping or other approved traffic control devices, and which, to the maximum extent feasible, is built within existing rights-of-way owned by the department. The managed lanes would give priority to high-occupancy vehicles, vanpools, and one or more bus rapid transit routes. Value pricing techniques would allow single-occupant vehicles to use the facility by paying a toll, as long as single-occupant vehicle use does not negatively impact the transit uses of the managed lanes. (4) “Public works plan” means a plan as described in Section 30605 of the Public Resources Code. A public works plan allows for an integrated regulatory review by the California Coastal Commission rather than a project-by-project approval approach, but does not change or abridge any of the California Coastal Commission’s existing authorities, including, but not limited to, federal consistency review authorities under the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.). The public works plan allows for an expedited process that describes, evaluates, and provides mitigation measures for coastal access, highway, transit, multimodal and community enhancement, and environmental mitigation projects within the north coast corridor. (b) A public works plan approved for the north coast corridor project within the coastal zone shall include all of the elements of the north coast corridor project to be carried out by the department or the San Diego Association of Governments (SANDAG), including coastal access, highway, transit, multimodal, community enhancement, and environmental restoration, and mitigation projects. Once the public works plan for the north coast corridor has been approved and certified by the California Coastal Commission, subsequent review by the California Coastal Commission of a notice of intent to develop for a specific project in the public works plan shall be limited to imposing conditions to ensure consistency of the project with the public works plan. The public works plan shall satisfy all of the following: (1) Identify the California Coastal Commission’s area of original jurisdiction and provide a process for obtaining coastal development permits from the California Coastal Commission directly in those areas. (2) Contain, but not be limited to, the following elements: the type, size, intensity, and location of all development included in the north coast corridor project; the maximum and minimum size of facilities proposed to be constructed; the standards to which the projects should conform; the thresholds for when amendments to the public works plan may be required; and a proposed timetable and phasing program for all projects. (3) Establish the mitigation measures that the department and SANDAG will be required to undertake prior to construction of each phase. The mitigation measures shall be described with sufficient detail to allow the department and SANDAG to accurately estimate the cost and effort associated with each particular measure and avoid the need for an amendment to the public works plan unless a project is inconsistent with the project description in the approved public works plan. (4) Establish the process by which project design and mitigation measures included in the public works plan, and the California Coastal Commission’s findings regarding those measures, may be applied to subsequent coastal development permit approvals and other approvals or determinations for subsequent phases of the project. (c) For all elements of the north coast corridor project that are located, entirely or in part, in the coastal zone, as defined by Sections 30103 and 66610 of the Public Resources Code, the department and SANDAG shall comply with all of the following requirements: (1) Collaborate with all stakeholders, including local agencies through which the proposed project traverses, the California Coastal Commission, and other affected local, state, and federal agencies to ensure that multimodal transportation options are evaluated and included in the public works plan and, where appropriate, in the project design. (2) SANDAG shall establish a safe routes to transit program that integrates the adopted regional bike plan with transit services. (3) SANDAG shall recommend that the department select an alternative no larger than the 8+4 Buffer Alternative as the preferred alternative for the State Highway Route 5 north coast corridor after it makes a finding that it is consistent with TransNet as approved by voters in 2004. The determination of the preferred alternative shall be made by the department and the Federal Highway Administration in their environmental impact report or environmental impact statement, and SANDAG shall include the preferred alternative in its next update to the regional transportation plan. (4) In order to reduce environmental impacts to the coastal lagoons, both rail and highway bridges crossing each lagoon shall be planned and constructed concurrently, unless construction in phases will result in an environmentally superior alternative to concurrent construction. SANDAG and the department shall ensure that bridges are constructed to their ultimate width and length so that construction impacts to each lagoon are minimized. (5) The public works plan shall evaluate the traffic impacts of the proposed capacity-increasing highway project on city and county streets and roads within the coastal zone, and the department shall consult with the affected local jurisdictions regarding those impacts and include the results of the consultations within the public works plan. (6) Environmental consequences of the proposed north coast corridor project shall be monitored to ensure that the benefits from mitigation, as described in the permits issued for the individual projects, are being achieved. (7) Construction of all or a portion of the capacity-increasing project on State Highway Route 5 shall move forward concurrently with multimodal projects and environmental mitigation and enhancement projects within each phase, as specified in the public works plan. The phasing plan shall include criteria specified by the California Coastal Commission within the public works plan that shall be met before the next phase of development can occur, and each phase shall include a balance of transit and highway improvements. Although the department and SANDAG shall endeavor to maintain a balance of transit, rail, highway, and environmental improvements in each phase, nothing in this section is intended to limit the ability of the department or SANDAG to seek a public works plan amendment from the California Coastal Commission in order to accelerate a project from a later phase in the public works plan if additional funding is identified to carry out the project at an earlier stage than originally intended. (8) Prior to a public works plan being submitted to the California Coastal Commission by the department and SANDAG, the department and SANDAG shall provide at least two public hearings on the public works plan for the north coast corridor project. (9) SANDAG has agreed that it will be responsible for constructing improvements in the Los Angeles-San Diego-San Luis Obispo rail corridor and funding portions of the improvements to that corridor and State Highway Route 5 within the north coast corridor using funding from a San Diego County voter-approved transaction and use tax ordinance known as TransNet. Pursuant to that agreement, SANDAG shall commit to dedicate a portion of the TransNet Regional Habitat Conservation Fund for regional habitat acquisition, management, and monitoring activities necessary to implement habitat conservation plans based on the estimated economic benefits derived from permitting and approval efficiencies on the north coast corridor project as a result of the procedures of this section, with that funding to be released by SANDAG in phases based upon the proportion of project work that has been issued permits, consistency reviews, or other applicable approvals, and in accordance with any other criteria as deemed appropriate by SANDAG taking into account the purpose and intent of TransNet. (d) The California Coastal Commission, the department, and SANDAG shall work cooperatively toward completing all design approvals, reviews, determinations, and permitting for the north coast corridor project on an expedited basis. To meet the goals in this section, the following provisions shall apply: (1) The Legislature finds that it is the California Coastal Commission’s role to apply a regional or statewide perspective to land use debates where the use in question is of greater than local significance. To that end, the California Coastal Commission is authorized to utilize Section 30515 of the Public Resources Code for the north coast corridor project and the process referenced in that section may be streamlined pursuant to agreement between the California Coastal Commission and those jurisdictions with an approved local coastal program. (2) The department and SANDAG shall perform work and complete development consistent with the phasing program adopted in the public works plan pursuant to subdivision (b) unless changes are reviewed and approved by the California Coastal Commission. (3) A public works plan prepared for the north coast corridor project by the department and SANDAG shall be treated as a long-range development plan to which the provisions in Sections 21080.5 and 21080.9 of the Public Resources Code shall apply. (4) A permitting agency’s decision to review and approve a public works plan, a plan amendment, or related notice of impending development, make a consistency determination, or issue a permit for the north coast corridor project shall be reviewed under the substantial evidence standard. (5) The Legislature finds that the California Coastal Commission, the department, and SANDAG have agreed that, following approval of the public works plan, the California Coastal Commission shall limit its subsequent regulatory review of the rail aspects of the north coast corridor project to federal consistency. (e) A notice of determination issued pursuant to Section 21108 or 21152 of the Public Resources Code after January 1, 2011, but prior to January 1, 2012, for a project subject to this section shall be suspended by the department until it is determined that the project’s environmental documents are consistent with the provisions of this section. (f) (1) Nothing in this section shall be construed to supersede, or in any way alter or lessen the effect or application of, the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). (2) Nothing in this section shall be construed to narrow the authority of the California Coastal Commission, at any stage of the approval or review process, to resolve policy conflicts pursuant to Section 30200 of the Public Resources Code. (3) Nothing in this section is intended to apply to any program, project, or other activity that is not related to the north coast corridor project. (Added by Stats. 2011, Ch. 535, Sec. 2. (SB 468) Effective January 1, 2012.)
  106. 103.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may acquire real property, including land dedicated to park purposes, for state highway purposes when the commission resolves that the property is necessary and the Civil Procedure Code sections apply.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 103.5. Subject to Sections 1240.670, 1240.680, and 1240.690 of the Code of Civil Procedure, the real property which the department may acquire by eminent domain, or otherwise, includes any property dedicated to park purposes, however it may have been dedicated, when the commission has determined by resolution that such property is necessary for state highway purposes. (Amended by Stats. 1975, Ch. 1239.)
  107. 103.65.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must notify the city or county planning department when a private parcel may be needed for a state highway corridor right-of-way within seven years, or is in a corridor under special study. The city or county must then review the proposed transportation project with the department when reviewing development proposals for that parcel.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 103.65. (a) It is the intent of the Legislature that the department should have a reasonable opportunity to acquire properties needed for transportation projects. (b) Whenever the department determines that a specific parcel of private property will or may be required for the right-of-way of a state highway transportation corridor within seven years, or is located within a corridor which is the subject of a special study, the department shall so notify the planning department of the city or county in which the parcel is located. When reviewing proposals for the development of a parcel so identified, the city or county shall review with the department the status of the proposed transportation project involving that parcel. (c) As used in this section, “special study” means a highway study approved by the commission or the department on or before July 1, 1989, or a study approved after that date conducted pursuant to Section 14530.5 of the Government Code. (Added by Stats. 1989, Ch. 744, Sec. 1.)
  108. 10300.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    When the specified report is filed with the clerk, the clerk must present it to the legislative body, and the legislative body may modify it.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 10300. When the report provided for in Sections 10203 and 10204 is filed with the clerk, he shall present it to the legislative body for consideration. The legislative body may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as provided in this chapter. (Added by Stats. 1953, Ch. 192.)
  109. 10301.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The legislative body must set the hearing time and place for assessment protests by resolution and mail notice of the hearing and related public meeting. If new, increased, or extended assessments are proposed, it must also follow the notice, protest, and hearing procedures in Government Code Section 53753.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 10301. After passing on the report, the legislative body shall by resolution appoint the time and place for hearing protests to the proposed assessment and shall cause notice of that hearing and a public meeting required by Section 54954.6 of the Government Code to be mailed as provided in subdivision (c) of that section. If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2003, Ch. 194, Sec. 18. Effective January 1, 2004.)
  110. 10306.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    If certain state-assessed property is proposed to be assessed, the notice must be mailed to every owner at the address on the last board roll sent to the county auditor. A mailing or receipt failure does not invalidate the proceedings.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 10306. The failure of the clerk to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this division. If property assessed by the state under Section 14 of Article XIII of the Constitution is proposed to be assessed, the notice shall be mailed to every owner of the property at the address thereof shown on the last board roll transmitted to the county auditor. (Amended by Stats. 1992, Ch. 1234, Sec. 19. Effective January 1, 1993.)
  111. 10310.4.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    The legislative body may fix errors or informalities and may confirm, amend, alter, modify, or correct the assessment and diagram.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 10310.4. The legislative body may remedy, revise, and correct any error or informality in any act, determination, or proceeding of the legislative body or any officer of the city. The legislative body may confirm, amend, alter, modify, or correct the assessment and diagram in such manner as to it shall be just and may instruct and direct the person or board making the same to correct them in any particular. (Added by Stats. 1976, Ch. 310.)
  112. 10311.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    If needed to decide whether a majority protest exists, the legislative body must determine ownership from the last equalized assessment roll and treat that determination as final.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 10311.1. If it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the “owners” of property to be assessed, the legislative body shall make such determination from the last equalized assessment roll. The legislative body shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive. (Amended by Stats. 2003, Ch. 194, Sec. 22. Effective January 1, 2004.)
  113. 10311.5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. )

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    If certain acquired improvements were financed by a mortgage or deed of trust, the mortgagee or beneficiary may protest after submitting satisfactory evidence, and the city’s contract must pay the purchase price to the owner and the mortgagee or beneficiary unless they give contrary written instructions.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 10311.5. If the proposed improvement includes the acquisition of any improvements constructed pursuant to the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and such improvements were financed, in whole or in part, from the proceeds of any loan secured by a mortgage or deed of trust upon any lands within the proposed assessment district, upon submission of evidence, satisfactory to the legislative body, of the foregoing, the mortgagee or beneficiary under any such mortgage or deed of trust may protest in the same manner and to the same extent as the owner of such lands. Any contract by a city for the acquisition of any such improvements shall provide that, in the absence of contrary written instructions by any such mortgagee or beneficiary, the purchase price for said improvements shall be paid to the owner and to the mortgagee or beneficiary, as their interests may appear. (Amended by Stats. 1975, Ch. 24.)
  114. 10312.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    After the hearing, the legislative body must order the improvement and, if an annual administrative assessment is used, must set that assessment within stated limits.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Notice, Protest, and Hearing [10300 - 10312] ( Chapter 4 added by Stats. 1953, Ch. 192. ) ## 10312. (a) When, upon the hearing, the proposed assessment provided for in subdivisions (d) and (e) of Section 10204, and the maximum annual assessment provided for in subdivision (f) of that section, are confirmed as filed, as modified, or corrected, by resolution, the legislative body shall order the proposed improvement to be made or acquired, and declare its action upon the report and assessment. The resolution shall be final as to all persons, and the assessment thereby levied upon the respective subdivisions of land in the assessment district. (b) If an annual assessment to pay for administrative cost is provided for pursuant to subdivision (a), the legislative body shall determine, by resolution, the amount of the annual assessment for this purpose, which shall not exceed the maximum assessment provided for in subdivision (a) and shall not exceed a reasonable estimate of costs actually incurred or likely to be incurred. This determination may be included in the resolution adopted pursuant to subdivision (a). The legislative body may subsequently determine by resolution that the annual assessment shall be a different amount, but in no event shall the annual assessment exceed the maximum annual assessment provided for in subdivision (a). Resolutions adopted pursuant to this subdivision shall be final as to all persons, and the annual assessment in the amount determined shall thereby be levied annually until changed by resolution adopted pursuant to this section. These assessments may be collected in the same manner and in the same installments as the assessments levied pursuant to subdivision (a), and may be combined with those assessments for collection in any manner which is convenient and economical. (Amended by Stats. 1987, Ch. 1388, Sec. 28.)
  115. 10350.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    In this chapter, “changes” includes corrections, alterations, modifications, additions, omissions, increases, and decreases.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10350. “Changes” as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. (Added by Stats. 1963, Ch. 349.)
  116. 10351.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    The legislative body may change certain boundaries, assessments, and proceedings before the improvement is completed, unless its power to proceed has ended because of a majority protest. It may not include territory that it judges will not benefit from the improvement.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10351. Unless the power to proceed shall have ceased at the conclusion of the hearing on the proposed improvement because of a majority protest, at any time before completion of the improvement proceedings, the legislative body may make changes in, to or from the boundaries of the proposed assessment district, the improvement ordered to be made or acquired, the assessment (including the amounts of any of the individual assessments therein), or in the proceedings, or any act, determination or provision made, or permitted to be made, by the legislative body under and pursuant to this division, which act, determination or provision does not affect the jurisdiction of the legislative body to order the improvement. The legislative body shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the improvement. (Added by Stats. 1963, Ch. 349.)
  117. 10352.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    Changes must generally be made on notice and hearing, but several specified changes are allowed under listed exceptions.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10352. All changes shall be made on notice and hearing as herein provided, except changes may be made: (a) At the hearing on the report, which: (1) Reduce the total amount of the assessment or make no change in the total amount of the assessment and no increase or decrease in the amount of money assessed on each parcel of property included in the assessment; or (2) Eliminate a portion of the work or provide a substitution therein without increasing the cost of any assessment by reason thereof or substantially affecting the distribution of benefits from the work; or (3) Eliminate a portion of the assessment district without increasing the amount of any assessment by reason thereof or substantially affecting the distribution of benefits from the work; or (4) Exclude territory which will not be benefited by the improvement without increasing the amount of any assessment by reason thereof; and (b) At any time after the improvements are ordered and during the pendency of the proceedings, which; (1) Do not increase the total amount of the assessment; or (2) Provide for the elimination or addition of work or substitutions therein, though they result in an increase in some assessments, provided that the owners of the property affected request in writing that the changes in the work and in the assessments be made; or (3) Exclude territory which will not be benefited by the improvement without increasing the amount of any assessment by reason thereof. (Amended by Stats. 1968, Ch. 1155.)
  118. 10353.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    Before ordering changes, the legislative body must adopt and publish a resolution giving notice of the proposed changes and hearing details.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10353. Before ordering any changes made, other than as provided in Section 10352, the legislative body shall adopt a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvement by reason of the proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear before the legislative body and show cause why the changes should not be ordered. The resolution shall also contain the name and telephone number of a local department or agency designated by the legislative body to answer inquiries regarding the hearing proceedings. The resolution may describe the changes by referring to maps, plats, plans, profiles, detailed drawings, or specifications on file in the office of the clerk of the legislative body or engineer, which shall indicate the changes proposed to be made and which shall govern for all details thereof. The resolution shall be published pursuant to Section 6061 of the Government Code, at least 10 days prior to the date of the hearing. If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2003, Ch. 194, Sec. 23. Effective January 1, 2004.)
  119. 10354.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    If a resolution would add territory to an assessment district or increase an assessment, the clerk must mail a copy of the resolution at least 20 days before the hearing.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10354. If said resolution proposes to include additional territory in the assessment district, or to increase any assessment, at least 20 days prior to the hearing fixed therein the clerk of the legislative body shall mail a copy of said resolution to all persons owning real property within said additional territory, or whose assessment is increased, whose names and addresses appear on the last equalized assessment roll or as known to said clerk. (Added by Stats. 1963, Ch. 349.)
  120. 10355.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    Interested people may file a written objection before the hearing, and the legislative body must hear and decide the objections.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10355. Written objection to the proposed changes may be filed with the clerk of the legislative body by any interested person at any time not later than the time set for the hearing. The legislative body shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. If no written objections to said changes have been delivered to the clerk up to the hour set for hearing thereon, or if said objections have been heard and found by the legislative body to be insufficient or have been overruled or denied, immediately thereupon the legislative body by an affirmative vote of four-fifths of its members shall acquire jurisdiction to order said changes made. The decisions and determinations of the legislative body ordering such changes after notice and hearing shall be final and conclusive upon all persons entitled to appeal thereupon to the legislative body. (Added by Stats. 1963, Ch. 349.)
  121. 10356.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    If proposed changes require a supplemental assessment, the proceedings may be combined with or separated from those assessment proceedings. If the changes would eliminate or substantially reduce expected benefits for a subdivision, the legislative body cannot order the changes unless it also orders a corresponding credit on that subdivision’s assessment.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10356. If as a result of any proposed changes the legislative body shall determine that a supplemental assessment shall be necessary, the proceedings provided for by this chapter may either be combined with or conducted separately from the proceedings for such supplemental assessment. If said proposed changes shall eliminate or substantially reduce the estimated benefits to be received from the improvement by any subdivision of land within the assessment district, the legislative body shall not order any such changes without ordering a corresponding credit upon the individual assessment theretofore imposed upon such subdivision. Said credit shall be made in the manner provided in Section 10427.1. (Added by Stats. 1963, Ch. 349.)
  122. 10357.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    Changes made under this chapter are subject to any limits in other applicable law, including limits on how much the estimated improvement cost may be increased because of those changes.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10357. Any changes made pursuant to this chapter shall be subject to the limitations, if any, contained in any law applicable to the proceedings, which law may impose limitations upon the amount by which the estimated cost of the improvement may be increased by reason of such changes. (Added by Stats. 1963, Ch. 349.)
  123. 10358.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. )

    Verify source ↗

    Changes made under this chapter do not release or discharge sureties on any bond required under this division.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.5. Change of Work, Boundaries of Assessment District, Amounts of Assessments or Proceedings [10350 - 10358] ( Chapter 4.5 added by Stats. 1963, Ch. 349. ) ## 10358. Any changes made pursuant to this chapter shall not release or discharge the sureties upon any bond required under this division. (Added by Stats. 1963, Ch. 349.)
  124. 10360.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. )

    Verify source ↗

    This chapter gives an alternative procedure for authorizing assessments, but it does not change other assessment-authorizing powers. It generally does not apply to public-facility financing proceedings unless 80% or more of the district is developed for residential, commercial, or industrial use when proceedings begin, and it cannot be used to acquire existing works, appliances, or property except as incidental to a proposed improvement not already installed.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. ) ## 10360. This chapter provides an alternative procedure for authorizing assessments pursuant to this division. It is not intended to alter or restrict authority to authorize assessments pursuant to other provisions of this division in any way. This chapter does not apply to proceedings to finance public facilities unless 80 percent or more of the district is developed for residential, commercial, or industrial use at the time that proceedings are commenced. This chapter shall not be used for the acquisition of existing works, appliances, or property except insofar as the acquisition is incidental to a proposed improvement not already installed. (Added by Stats. 1984, Ch. 1298, Sec. 26.)
  125. 10362.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. )

    Verify source ↗

    This section says the division’s rules apply to proceedings under this chapter unless this chapter expressly says otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. ) ## 10362. All provisions of this division shall apply to proceedings pursuant to this chapter, except as expressly provided in this chapter. (Added by Stats. 1984, Ch. 1298, Sec. 26.)
  126. 10364.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. )

    Verify source ↗

    This section requires the report under Section 10204 to include specified project, cost, diagram, and assessment details for proceedings under this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. ) ## 10364. For purposes of proceeding under this chapter, the report prepared pursuant to Section 10204 shall contain the following elements instead of those specified in Section 10204: (a) A general description of the proposed project. Detailed plans and specifications need not be included in the report. (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the work, appliance, or property is to be acquired as part of the improvement. Acquisitions are subject to the limitation specified in Section 10360. (c) An estimate of the costs of the improvement and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvement. If the legislative body, in the resolution of intention, ordered that private utility damages be included in the assessment, the report shall contain an estimate of private utility damages. In addition to the estimate of the likely cost of the project, the report shall state a maximum cost of the project and any private utility damages. If the legislative body, in the resolution of intention, declared its intention to levy an assessment for the maintenance, repair, or improvement of the work, system, or facility, the report shall contain an estimate of the amount of this assessment for each of the first five years during which the assessment would be levied. (d) A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the resolution of intent. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. (e) A proposed assessment of a percentage share of the cost and expense of the proposed improvement upon each subdivision of real property in the district in proportion to the estimated benefits to be received by those subdivisions, respectively, from the improvement. The amount of the proposed assessment against each subdivision of real property, assuming the improvement costs and expenses are the amount estimated in subdivision (c) and assuming the project costs and expenses are the maximum amount stated in subdivision (c). When any portion or percentage of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10201, the amount of that portion or percentage shall first be deducted from the total estimated costs and expenses of the improvement and from the maximum costs and expenses of the project, and the assessment upon property proposed in the report shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (d). (Added by Stats. 1984, Ch. 1298, Sec. 26.)
  127. 10366.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. )

    Verify source ↗

    The notice for this chapter must include required hearing, cost, assessment, and protest information.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. ) ## 10366. (a) For purposes of proceeding under this chapter, the notice shall contain the following elements: (1) A statement of the time, place, and purpose of the hearing on the resolution of intention and report. (2) A statement of the total estimated cost of the proposed improvement and of the maximum cost of the improvement. (3) The estimated and maximum amounts, as shown by the report, to be assessed against the particular parcel covered by the notice. (4) A statement that any person interested may file a protest in writing as provided in this division. (b) If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2003, Ch. 194, Sec. 24. Effective January 1, 2004.)
  128. 10368.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. )

    Verify source ↗

    This section requires the legislative body to confirm the assessment by resolution, order the improvement, and set the assessment amount within stated limits.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Alternative Procedure for Authorizing Assessments [10360 - 10368] ( Chapter 4.7 added by Stats. 1984, Ch. 1298, Sec. 26. ) ## 10368. For purposes of proceeding under this chapter, the assessment shall be confirmed as follows instead of the procedure specified in Section 10312. When upon the hearing the proposal to assess is confirmed as filed, modified, or corrected by resolution, the legislative body shall order the proposed improvement to be made and declare its action upon the report and assessment. After design work and plans and specifications have been completed, and after contracts have been let pursuant to Section 10501, the legislative body shall, by resolution, fix the amount of the assessment, which shall be equal to or less than the maximum assessment stated in the report prepared pursuant to Section 10364, as filed, modified, or corrected. If the amount of the assessment is more than the estimated cost of the project stated in the report prepared pursuant to Section 10364, as filed, modified, or corrected, the legislative body shall include, within the resolution fixing the amount of the assessment, an explanation for the increase over the estimated cost of the project. In no case shall the amount of the assessment exceed the maximum assessment stated in the report, as filed, modified, or corrected. Resolutions adopted pursuant to this section shall be final as to all persons, and the assessment fixed shall be thereby levied upon the respective subdivisions of land in the assessment district. (Added by Stats. 1984, Ch. 1298, Sec. 26.)
  129. 104.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may acquire real property for state highway purposes, and it may also handle environmental mitigation property for transfer or purchase as described here.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104. The department may acquire, either in fee or in any lesser estate or interest, any real property that it considers necessary for state highway purposes. Real property for these purposes includes, but is not limited to, real property considered necessary for any of the following purposes: (a) For rights-of-way, including those necessary for state highways within cities. (b) For purposes of exchanging the same for other real property to be used for rights-of-way. (c) For rock quarries, gravel pits, or sand or earth borrow pits. (d) For offices, shops, or storage yards. (e) For parks adjoining or near a state highway. (f) For the culture and support of trees that benefit a state highway by aiding in the maintenance and preservation of the roadbed, or that aid in the maintenance of the attractiveness of the scenic beauties of a state highway. (g) For drainage in connection with a state highway. (h) For the maintenance of an unobstructed view of any portion of a state highway so as to promote the safety of the traveling public. (i) For the construction and maintenance of stock trails. (j) For the construction and maintenance of nonmotorized transportation facilities, as defined in Section 887. (k) (1) (A) For environmental mitigation property, which the department may transfer to, purchase for transfer to, or purchase in the name of a, governmental entity, special district, nonprofit organization, for-profit entity, person, or other entity in accordance with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code, as applicable. (B) Where feasible, a governmental entity holding property pursuant to subparagraph (A) shall have the principal responsibility for natural resource protection or conservation. A governmental entity holding property pursuant to this section shall be approved through the due diligence process set forth in Section 65967 of the Government Code. (2) For purposes of this section, “environmental mitigation property” means property that is required by state or federal law, or by permit conditions imposed by a state or federal agency, to be preserved or restored and maintained as natural habitat to offset the environmental impacts caused by the construction and operation of a state highway improvement project or for advance mitigation purposes as provided in Section 800.6. (Amended by Stats. 2023, Ch. 57, Sec. 2. (SB 145) Effective July 10, 2023.)
  130. 104.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may create an endowment or make agreements for environmental mitigation funding and property maintenance, and certain property-holding governmental entities must go through a due diligence process.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.1. (a) (1) For purposes of environmental mitigation pursuant to subdivision (k) of Section 104, the department may create an endowment or enter one or more agreements with the transferee of an environmental mitigation property or another party or parties to provide funding for the establishment, preservation, restoration, and maintenance of the property consistent with any permit conditions, mitigation requirements imposed by state or federal law, conditions imposed by a state or federal agency, or advance mitigation requirements. This authority includes, but is not limited to, the requirements of Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code, as applicable. (2) Where feasible, a governmental entity holding property pursuant to paragraph (1) shall have the principal responsibility for natural resource protection or conservation. A governmental entity holding property pursuant to this section shall be approved through the due diligence process set forth in Section 65967 of the Government Code. For federally imposed mitigation requirements, the department is subject to Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code, as applicable, to the extent not in conflict with federal law or regulation. (b) (1) This section shall remain in effect only until December 31, 2033, and as of that date is repealed. (2) Endowments or agreements entered into pursuant to this section before December 31, 2033, shall remain in effect beyond that date. (Added by Stats. 2023, Ch. 57, Sec. 3. (SB 145) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.)
  131. 104.10.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The Department of Transportation must pay certain rents to the county by November 1 after each fiscal year, certify the rental amounts to the Department of Finance, and notify counties about the rental property. The county auditor must distribute received payments among local jurisdictions, with one-half of a rental property allocation going to the city where it is located.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.10. The Department of Transportation shall, not later than the first day of November following the close of any fiscal year, pay the rents computed pursuant to Section 104.6 to the county in which such real property is situated. The Department of Transportation shall certify to the Department of Finance the amount of such rentals attributable to each county and shall notify each county of the rental and location of each piece of rental property for which rents are deposited in the State Highway Account in the State Transportation Fund. The county auditor shall distribute any payment received by the county pursuant to this section, to the county, to each revenue district for which the county assesses and collects real property taxes or assessments, and to every other taxing agency within the county in which the property is situated in the amount as determined by the board of supervisors, except that one-half of the allocation for a rental property shall be allocated to the city in which the rental property is located. As used in this section, the terms “taxing agency” and “revenue district” have the same meanings given them in the Revenue and Taxation Code. The money received by the respective jurisdictions under this section shall be expended only for purposes authorized by Article XIX of the California Constitution. (Amended by Stats. 1978, Ch. 389.)
  132. 104.11.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease certain state-owned property in Los Angeles if it finds the lease will not harm its activities, does not conflict with local zoning, and has prior commission approval.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.11. (a) Upon a finding that the action would not adversely affect the activities of the department, the department may lease, in whole or in part, property owned by it in the block bounded by First Street, Main Street, Second Street, and Los Angeles Street in the City of Los Angeles to public agencies or private entities for any term not to exceed 99 years. Each lease shall be subject to reservations, restrictions, and conditions as the department deems appropriate. Prior to entering into a lease, the department shall determine that the proposed lease is not in conflict with local zoning ordinances. The lease may provide for joint use of the property by the department. Each lease shall be subject to prior approval by the commission. (b) Revenues from leases shall be deposited in the State Highway Account. (c) The department shall act as agent for the payment of its tenant’s possessory interest tax in accordance with the procedures of Section 104.13. (Added by Stats. 1987, Ch. 1060, Sec. 1.)
  133. 104.12.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease space above or below state highways, but must follow zoning checks, revenue handling rules, and planning requirements.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.12. (a) The department may lease to public agencies or private entities for any term not to exceed 99 years the use of areas above or below state highways, subject to any reservations, restrictions, and conditions that it deems necessary to ensure adequate protection to the safety and the adequacy of highway facilities and to abutting or adjacent land uses. Authorized emergency vehicles, as defined in Section 165 of the Vehicle Code, which are on active duty and are not merely being stored, shall be given preference in the use of these areas, and no payment of consideration shall be required for this use of the areas by these vehicles. Prior to entering into any lease, the department shall determine that the proposed use is not in conflict with the zoning regulations of the local government concerned. The leases shall be made in accordance with procedures to be prescribed by the commission, except that, in the case of leases with private entities, the leases shall only be made after competitive bidding unless the commission finds, by unanimous vote, that in certain cases competitive bidding would not be in the best interests of the state. The possibilities of entering into the leases, and the consequent benefits to be derived therefrom, may be considered by the department in designing and constructing the highways. Revenues from the leases shall be deposited in the State Highway Account. If leased property was provided to the department for state highway purposes through donation or at less than fair market value, the lease revenues shall be shared with the donor or seller if so provided by contract when the property was acquired. If the donor or seller was a local agency which no longer exists at the time the department enters into the lease, the local agency’s share of lease revenues shall be paid to the county or counties within which the local agency was situated. (b) Notwithstanding subdivision (a), in any case where sufficient land or airspace exists within the right-of-way of any highway, constructed in whole or in part with federal-aid highway funds, to accommodate needed passenger, commuter, or high-speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the department may make the land or airspace available, with or without charge, to a public entity for those purposes, subject to any reservations, restrictions, or conditions that it determines necessary to ensure adequate protection to the safety and adequacy of highway facilities and to abutting or adjacent land uses. (c) The department shall consider future lease potential of areas above or below state highway projects when planning new state highway projects. This consideration shall be accomplished by intradepartment consultation between offices concerned with project development and airspace lease development. (Amended by Stats. 2000, Ch. 860, Sec. 6. Effective January 1, 2001.)
  134. 104.13.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must handle possessory interest tax payments for certain leased highway-property leases, and county assessors must send the tax bill directly to the department.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.13. (a) The department shall act as agent for the payment of possessory interest taxes due from persons to whom the department leases property of a type described in subdivision (e). (b) The department shall annually provide a current list of all such property located in each county to the assessor of the county. Notwithstanding any other provision of law, the assessor shall submit the possessory interest tax bill for each property directly to the department, and the department shall be responsible for the payment of the tax in the manner described in subdivision (c). (c) All funds distributed to a county pursuant to Section 104.10 shall be deemed to be in full or partial payment on the total possessory interest taxes due on the property described in subdivision (e) located in the county. If the amount transferred to a county pursuant to Section 104.10 in any year is less than the total possessory interest tax due on all the property located in the county, the department shall promptly forward to the county the amount of the balance due. (d) In lieu of the information required by Section 107.6 of the Revenue and Taxation Code, all leases of property of a type described in subdivision (e) shall contain a statement that the department will pay all possessory interest taxes arising from the lease and that the amount of rent charged reflects the cost of this added responsibility of the department. (e) This section shall apply only to real property held for future state highway needs and to real property originally held for that purpose, which the department has determined is no longer needed for that purpose, prior to its sale or exchange by the department. (Repealed and added by Stats. 1983, Ch. 213, Sec. 2.)
  135. 104.15.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease certain leftover land to a local agency for park use if the use protects the highway or public work and its surroundings.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.15. Whenever land has been acquired pursuant to former Section 104.1 or pursuant to Article 5 (commencing with Section 1240.410) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, the department may, in its discretion, lease to a local agency for park purposes all or any portion of the remainder outside the boundary of the state highway or public work or improvement, but not beyond the next adjacent dedicated street, when such use will protect such highway, public work, or improvement and its environs, and will preserve its view, appearance, light, air, and usefulness. Such lease shall be made in accordance with procedures, terms, and conditions to be prescribed by the commission. Such terms and conditions shall include all of the following: (a) Provisions requiring the local agency to develop and maintain such portion of the remainder as a park. (b) Provisions that whenever such portion of the remainder is needed for state highway purposes, the lease shall terminate. (c) Provisions that whenever such portion of the remainder ceases to be used for park purposes, the lease shall terminate. (Amended by Stats. 1975, Ch. 1239.)
  136. 104.16.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must offer certain San Francisco freeway airspace or highway property for lease to the city or its subdivisions, and leases must meet specified use, fee, maintenance, and standards rules.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.16. (a) Any airspace under a freeway, or real property acquired for highway purposes, in the City and County of San Francisco, that is not excess property, shall be offered for lease on a right of first refusal by the department to the city and county or a political subdivision of the city and county, for purposes of an emergency shelter or feeding program, or for park, recreational, or open-space purposes. (b) (1) The lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. (2) For up to 10 parcels, the lease amount for park, recreational, or open-space purposes shall be 30 percent of the fair market lease value of the applicable parcel. (3) Any property leased pursuant to paragraph (2) shall be located within a priority development area. (4) The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. (c) In the case of a lease for park, recreational, or open-space purposes, in order to offset any potential loss of revenue, the department may include parcels leased pursuant to this section in a mitigation bank to be used to advance future development projects or highway projects within the city and county. (d) The city and county or a political subdivision of the city and county, in consultation with the department, shall follow all applicable health, environmental, safety, design, and engineering standards. (e) Any lease shall require the lessee to fund and construct all associated infrastructure, and to accept full responsibility for liability related to those uses. The lease shall require the lessee to be responsible for all maintenance costs associated with those uses, except as otherwise provided in the lease. The lease shall authorize the lessee to subsidize its associated maintenance costs through generation of revenue under a limited revenue generation model, such as from limited parking facilities located on the leased property, if any revenues generated that exceed the associated maintenance costs are shared with the state, at a rate not less than 50 percent of those excess revenues, with that amount to be deposited in the State Highway Account. (f) As used in this section, “priority development area” means an area identified in a sustainable communities strategy developed pursuant to Section 65080 of the Government Code. (g) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose. (Amended by Stats. 2017, Ch. 822, Sec. 1. (AB 857) Effective January 1, 2018.)
  137. 104.17.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease specified airspace for emergency shelter or feeding programs, and the lease terms must include a $1 monthly rent and lease administration costs.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.17. (a) The department may provide information regarding, and may lease, airspace under the interchange of Route 4 and Route 5 in San Joaquin County and on the northeast corner of Route 101 and De La Vina Street in the County of Santa Barbara, to a city, county, or other political subdivision or another state agency for emergency shelter or feeding program purposes. The lease shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. (b) Notwithstanding Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code, any structure that is constructed or modified under this section shall comply with the minimum standards provided in Appendix N of the 2016 California Building Code or Appendix X of the 2016 California Residential Code, or any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. (c) A lease executed pursuant to this section shall also provide for the cost of administering the lease. (d) The administrative fee shall not exceed five hundred dollars ($500) per year unless the department determines that a higher administrative fee is necessary. (e) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose. (f) A lease executed pursuant to subdivision (a) for airspace under the interchange of Route 4 and Route 5 in San Joaquin County shall provide for the rescission of existing leases of this airspace between the department and the City of Stockton. Upon the request of the City of Stockton, the department may renew the lease executed pursuant to subdivision (a) for the airspace described in this subdivision for the period requested by the city. (Amended by Stats. 2018, Ch. 436, Sec. 1. (AB 2629) Effective January 1, 2019.)
  138. 104.18.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease certain San Diego highway-acquired real property for emergency shelter, feeding programs, or a day care center, subject to a $1 monthly lease and an administrative fee cap.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.18. (a) Real property in the City of San Diego between 17th Street and the west side of Route 5 between the southbound onramp and the offramp near J Street, which was acquired for highway purposes and which is not excess property, may be leased by the department to a city, county, or other political subdivision or another state agency for emergency shelter, feeding program purposes, or for the establishment of a day care center for children. (b) The lease shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. (c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose. (Amended by Stats. 1999, Ch. 724, Sec. 15.5. Effective January 1, 2000.)
  139. 104.19.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must keep leasing the described excess property to Century Housing Corporation until June 30, 2028, at the existing rent.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.19. (a) The excess property owned by the department described in subdivision (b) that is leased until June 30, 2005, to the Century Housing Corporation, a nonprofit corporation, and used for job training and placement purposes, shall continue to be leased to that party until June 30, 2028, at the existing rent. (b) The excess property consists of approximately 1.3 acres, is referred to as excess parcels 6160, 6166, 6167, and 6168, and is located adjacent to Lennox Boulevard and State Highway (Interstate) Route 405 in an unincorporated area of Los Angeles County. (Added by Stats. 2003, Ch. 228, Sec. 51. Effective August 11, 2003.)
  140. 104.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    A donor or seller may reserve the right to develop certain property, but any development must be approved by the department and comply with any safety-related conditions it sets.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.2. If property is provided through donation or at less than fair market value to the department for state highway purposes, or purchased with funds provided by a local agency, the donor or seller may reserve the right to develop the property, but any development of the property shall be subject to the approval of the department and any reservations, restrictions, or conditions that it determines necessary for highway safety. (Added by Stats. 1989, Ch. 1081, Sec. 1.)
  141. 104.21.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease certain airspace in San Joaquin County for feeding program purposes, charge $1 per month, and set an administrative fee subject to a $500 yearly cap unless a higher fee is needed.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.21. (a) (1) The department may lease airspace under the interchange of Route 4 and Sutter Street in San Joaquin County to any city, county, or other political subdivision, or any state agency, for feeding program purposes. The department may provide information to those entities regarding the lease of that airspace for that use. Property may be leased under this section only if there is no buyer for the property. The lease shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. (2) Any lease executed under this section shall also provide for the cost of administering the lease. The administrative fee shall not exceed five hundred dollars ($500) per year unless the department determines that a higher administrative fee is necessary. (b) The Legislature finds and declares that the lease of real property under this section serves a public purpose. (c) Upon the request of the City of Stockton, the department may renew the lease for the period requested by the city, but not to exceed 10 years, and may, subsequent to that renewal, agree to not more than two additional renewals of not more than 10 years each. (d) This section shall become operative on July 1, 1999. (Added by Stats. 1998, Ch. 958, Sec. 1. Effective January 1, 1999. Section operative July 1, 1999, by its own provisions.)
  142. 104.22.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The Department of Transportation must transfer specified San Diego property to the Department of Parks and Recreation, and the transfer must be completed within 90 days of the act’s effective date.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.22. (a) Notwithstanding any other law, the Department of Transportation shall, consistent with Article XIX of the California Constitution, transfer to the Department of Parks and Recreation the real property in the City of San Diego between Taylor Street and Wallace Street and between Juan Street and Calhoun Street, which was acquired for highway purposes and which was previously used by the department as its District 11 administrative headquarters, and which is commonly known as 2829 Juan Street, San Diego. (b) The real property transferred pursuant to subdivision (a) shall be incorporated into the state park system upon its transfer to the Department of Parks and Recreation. (c) On and after the date of transfer, the Department of Transportation shall have no continuing obligation relating to the ownership, maintenance, or control of the transferred real property, and all obligations of ownership, maintenance, and control shall thereafter be borne by the Department of Parks and Recreation. (d) The transfer of the real property required by this section shall be completed within 90 days of the effective date of the act enacting this section in the 2013–14 Regular Session of the Legislature. (e) The transfer of the real property required by this section serves a public purpose. (Added by Stats. 2013, Ch. 356, Sec. 51. (SB 96) Effective September 26, 2013.)
  143. 104.23.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must declare the Disney Lot surplus state property and arrange its transfer to the Department of Parks and Recreation for state park purposes.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.23. (a) Notwithstanding any other law, the department shall declare that the Pedro Point excess property identified in Director’s Deed DD–028801–01–01, also known as the “Disney Lot,” is surplus state property acquired by the expenditure of tax revenues and located in the coastal zone, pursuant to Section 10 of Article XIX of the California Constitution. The department shall provide for the transfer of this property to the Department of Parks and Recreation for state park purposes as provided under Section 10 of Article XIX of the California Constitution. (b) The transfer of the property required by this section serves a public purpose. (c) For purposes of the transfer required by this section, the value of the property shall be the price paid by the department for the original acquisition of the property. The original acquisition price shall not be adjusted for inflation. (Added by Stats. 2024, Ch. 365, Sec. 3. (AB 1937) Effective January 1, 2025.)
  144. 104.24.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may offer certain Oakland freeway airspace or highway-purpose property for lease to the city or its subdivisions for emergency shelter or feeding programs, with specific rent and fee limits.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.24. (a) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Oakland, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program. (b) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. (c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose. (Added by Stats. 2018, Ch. 443, Sec. 1. (AB 3139) Effective January 1, 2019.)
  145. 104.25.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may lease specified San Diego property for an emergency shelter or feeding program, with rent set at $1 per month and an annual administrative fee capped at $500 unless a higher fee is found necessary.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.25. (a) The department may lease the real property located at 4747 Pacific Highway in the City of San Diego, department parcel number 760-216-19-00, which was acquired for highway purposes and is not excess property, to a city or county, a political subdivision of a city or county, or another state agency, for purposes of an emergency shelter or feeding program. (b) (1) The lease amount shall be for one dollar ($1) per month. (2) The lease amount may be paid in advance of the term covered to reduce the administrative costs associated with the payment of the monthly rental fee. (3) The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. (c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose. (d) Notwithstanding Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code, all structures that are constructed or modified under this section shall be compliant with the minimum standards provided in the 2016 California Building Code Appendix N, the 2016 California Residential Code Appendix X, or any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. (Added by Stats. 2018, Ch. 442, Sec. 1. (AB 3061) Effective January 1, 2019.)
  146. 104.26.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may offer certain highway-related property in Los Angeles and San Jose for lease to the city or its subdivisions for shelter, feeding, or secure vehicle lot uses, with set low rents and an administrative fee cap, and vehicles in secure vehicle lots must meet storage conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.26. (a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Los Angeles, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program, for purposes of a secure vehicle lot program, or for any combination of these purposes. (2) For up to 25 parcels, the lease amount for emergency shelter or feeding programs or secure vehicle lot programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. (3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose. (b) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of San Jose, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program. (2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. (3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose. (c) A vehicle stored in a secure vehicle lot program pursuant to subdivision (a) shall comply with all of the following: (1) It shall be uninhabited. (2) Prior to storage in a secure vehicle lot program, it shall be assessed for safe storage, as defined by the department and in consultation with the City of Los Angeles. (3) It shall not contain hazardous material, as defined in Section 25501 of the Health and Safety Code, unless otherwise specified in the terms of the lease entered into between the City of Los Angeles and the department. (d) For purposes of this section, “secure vehicle lot program” means the use of the leased property to store a vehicle, including, but not limited to, a recreational vehicle, belonging to a person receiving services from the lessee or other governmental agency for the purpose of relieving homelessness. (Amended by Stats. 2024, Ch. 721, Sec. 1. (AB 2525) Effective January 1, 2025.)
  147. 104.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    This section creates a transportation grant program and requires the department to issue guidelines, solicit local input, and fund projects that benefit underserved communities.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.3. (a) For purposes of this section, the following definitions apply: (1) “Federal Reconnecting Communities Pilot Program” means the Reconnecting Communities Pilot Program established pursuant to Section 11509 of the federal Infrastructure Investment and Jobs Act (Public Law 117-58). (2) “Joint powers authority” means a joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (3) “Program” means the Reconnecting Communities: Highways to Boulevards Pilot Program established pursuant to subdivision (b). (b) The Reconnecting Communities: Highways to Boulevards Pilot Program is hereby established, to be administered by the department, with guidance from the Transportation Agency, and in consultation with the commission, the Department of Housing and Community Development, the Strategic Growth Council, and the Governor’s Office of Planning and Research, to provide funding, upon appropriation by the Legislature, for the purpose of awarding competitive grants to eligible entities, in partnership with the department, for planning or implementing the conversion or transformation of underutilized state highways into multimodal corridors that serve residents of underserved communities. (c) The purpose of the program is to achieve the following goals: (1) Restore community connectivity through the removal, retrofit, mitigation, or replacement of eligible transportation infrastructure facilities that create barriers to mobility, access, or economic development. (2) Provide matching funding for potential federal grant funds. (3) Advance health and equity outcomes for underserved communities by removing health, safety, and access barriers associated with transportation infrastructure within communities. (4) Improve access to opportunity by improving travel options and reducing combined household transportation and housing costs for underserved communities. (5) Create opportunities for implementation of affordable housing and affirmatively furthering fair housing. (6) Avoid or minimize direct and indirect displacement effects from project implementation. (7) Advance community-based or community-driven transportation planning. (d) The program shall set aside up to 25 percent of available funding for planning and the remainder for implementation. (e) Eligible applicants under the program may include, but are not limited to, any of the following: (1) For planning grants, a nonprofit organization, a community-based organization, a faith-based organization, a coalition or association of nonprofit organizations, a local agency, a regional agency, a joint powers authority, a tribal government, or a transit agency. (2) For implementation grants, a local, regional, or state transportation agency, a joint powers authority, or a tribal government. (f) Eligible project types under the program for implementation grants include, but are not limited to, any of the following: (1) Conversion or capping of an access-controlled state-operated transportation route to increase access for bicycles, pedestrians, and transit. (2) Conversion of a state highway serving as a main street into a multimodal surface street that allows for bicycle, pedestrian, and transit access. (3) A project that significantly enhances multimodal connectivity along or across a state highway without conversion or capping. (4) Implementation of early action implementation plans developed under subdivision (g). (5) Other implementation activities authorized for funding under the federal Reconnecting Communities Pilot Program. (g) Eligible project types under the program for planning grants include, but are not limited to, the following activities leading to any of the eligible implementation project types: (1) Community engagement, consultation, and leadership activities. (2) Planning studies, needs assessments, feasibility studies, scenario planning, conceptual designs, and other planning products. (3) Project plans and design documents needed to deliver implementation projects. (4) Environmental review, consultation, or other efforts required under any state and federal environmental laws relating to the review or approval of an eligible project. (5) Early action implementation plans for interim design solutions that demonstrate proof of concept for projects. (6) Establishment of a community land trust for the development and use of excess or surplus land created by the removal, retrofit, or transformation of an underutilized highway. (7) Other transportation and community-based transportation planning activities required to advance a specific project. (8) Other planning activities authorized for funding under the federal Reconnecting Communities Pilot Program. (h) (1) Within one year of June 30, 2022, the department shall develop guidelines, including project selection criteria, program evaluation metrics, and targeted technical assistance strategies to implement the program. The guidelines shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (2) In developing guidelines pursuant to this section, the department shall solicit input from local communities. (3) The guidelines shall include, but shall not be limited to, all of the following: (A) (i) A requirement that 100 percent of the program funds are awarded to projects that benefit underserved communities. For purposes of the program, the department shall establish a data-driven definition for underserved communities that may include, but need not be limited to, disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code. (ii) A project eligible under the program shall clearly demonstrate a direct and meaningful benefit to an underserved community, and be adjacent to, or directly located in, an underserved community. (iii) A project eligible under the program shall require that the applicant demonstrate that the project is developed in partnership with the department and that it would be consistent with the requirements of the federal Reconnecting Communities Pilot Program, regardless of the availability of funding from the federal program. (B) Project selection criteria that includes, but is not limited to, all of the following: (i) The ability of the project to successfully compete for federal grant funding. (ii) The demonstrated need of the applicant to address the goals of the program as described in subdivision (c). (iii) The demonstrated leadership and involvement from local community members and organizations in the creation of the project, or the anticipated leadership or involvement from local community members and organizations in the planning process for which funds are being requested. (iv) The demonstrated commitment of local, regional, or federal funds as leveraged match to state grants. (v) In awarding planning grants, the prioritization of applications that demonstrate multistakeholder partnerships with local and regional agencies, community-based organizations, and other stakeholders, as appropriate. (C) Development of performance metrics to measure project outcomes in order to inform future implementation of the program. (Amended by Stats. 2024, Ch. 53, Sec. 12. (AB 173) Effective July 2, 2024.)
  148. 104.30.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease eligible airspace or real property for temporary emergency shelter or feeding programs, but the lessee must accept use restrictions, fee terms, site obligations, and termination-related conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.30. (a) The department may make available for lease airspace or real property for the purposes described in this section if it determines that the airspace or real property is available for rent and that the airspace or real property has independent site access separate from an access-controlled highway or highway structure. The department may offer the airspace or real property for lease to a local or state agency for the purpose of conducting a temporary emergency shelter or feeding program. As a condition of entering into the lease, the lessee shall agree that, during the period of the lease, the airspace or real property and its improvements shall not be used as childcare facilities and that no playground equipment shall be permitted under the lease. Any existing lease of airspace or real property between the department and a local or state agency may be terminated without penalty at any time, upon mutual agreement of both the department and the lessee, for the purpose of entering into a new lease pursuant to this section. (b) The determination of availability and identification of specific parcels of airspace or real property eligible for lease under this section shall be made by the department in its sole discretion. (c) All structures that are constructed or modified under this section shall be compliant with the minimum standards adopted pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code or the minimum standards provided in the 2019 California Building Code Appendix O, the 2019 California Residential Code Appendix X, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. (d) Notwithstanding any other law, for any leases executed pursuant to this section or any other section by the department for the purpose of conducting a temporary emergency shelter or feeding program, the enforcement of applicable building standards adopted pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code or published in the California Building Code and the California Residential Code, including those relating to fire and panic safety, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities, shall be the responsibility of the local authority in which the property subject to the lease is located and that has jurisdiction over the enforcement of building code standards. (e) Any improvements to the leased property shall meet the following conditions: (1) No improvements of a permanent nature are allowed, except for appropriate utilities, groundcover, lighting, and fencing to support the temporary emergency shelter or feeding program as approved by the department. (2) Any improvements of a temporary nature in which people live, eat, recreate, receive services, or otherwise occupy shall not be underneath a transportation structure, and shall not be within 20 horizontal feet from the farthest edge of a transportation structure. (f) (1) The monthly rent of a lease entered into pursuant to this section shall be one dollar ($1) per month. The lessee may pay the rental amounts due for the entire term of the lease in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. (2) To cover the department’s costs, the lease shall require the lessee to pay an annual administrative fee of up to five thousand dollars ($5,000), unless the department determines that a higher administrative fee is necessary to cover the department’s costs, in which case the annual administrative fee shall be no more than the amount of those costs, not to exceed fifteen thousand dollars ($15,000). (3) (A) If the department determines at any time after the commencement of the lease that the leased property is needed for departmental purposes, the department may terminate the lease without penalty or reimbursement of prior lease payments made to the department, except that the department shall reimburse any advance lease payments and fees made to the department on a prorated basis. (B) Notwithstanding any other law, if the department terminates the lease pursuant to subparagraph (A), neither the lessee nor any occupants of the leased property shall be entitled to relocation benefits or reimbursement of relocation expenses payable by the department or the state as result of that termination. (C) The department shall provide the lessee with no less than 120 days’ written notice before the termination of a lease entered into pursuant to this section, except in the case of an emergency. (4) The lessee shall defend, indemnify, and hold the state, its officers, officials, employees, agents, and volunteers harmless from any and all losses, claims, injuries, damages, suits, obligations, penalties, judgments, awards, and other liabilities including attorney fees, whether caused by, relating to, based upon, arising out of, or in connection with the performance of the lease, the temporary emergency shelter, or the feeding program. (5) The lessee shall be responsible for all leased area site conditions, including, but not limited to, maintenance, litter and graffiti abatement, security, environmental testing and remediation for purposes of the lease, and other legal and permitting requirements at the leased site, as required by the department. (g) The Legislature finds and declares that the lease of airspace or real property pursuant to this section serves a public purpose. The Legislature further finds and declares that the rental amount established in subdivision (f) constitutes fair market value for the leased airspace or real property. (h) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the lessee is the lead agency for any action undertaken pursuant to this section. (i) (1) Except as provided in subdivision (d), this section does not apply to a lease that a local or state agency enters into with the department pursuant to Section 104.16, 104.17, 104.18, 104.21, 104.24, 104.25, or 104.26. (2) A local or state agency described in Section 104.16, 104.17, 104.18, 104.21, 104.24, 104.25, or 104.26 may enter into a lease with the department pursuant to this section. (j) For purposes of this section, “local agency” means a city, county, or political subdivision of a city or county. (k) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2019, Ch. 343, Sec. 1. (SB 211) Effective January 1, 2020. Repealed as of January 1, 2029, by its own provisions.)
  149. 104.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    If a person’s right to occupy national forest or national park land ends because a state highway is proposed across the land, the department must acquire the person’s buildings or improvements on that land.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.4. Whenever the right of occupancy of any person upon national forest or national park lands is terminated because of the proposed construction of a state highway across such lands, the department shall, in connection with the construction of the highway, acquire, by purchase or condemnation, any buildings or improvements constructed upon such lands by the person. (Added by Stats. 1961, Ch. 2173.)
  150. 104.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The director may sign deeds or conveyances needed to transfer state property sold or exchanged under the code, and may add public-interest conditions or convey the property in fee simple absolute.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.5. The director may execute all deeds or conveyances necessary to convey any real property or interest therein to be sold or exchanged under the provisions of this code. He may insert in any such deed or conveyance such conditions, covenants, exceptions and reservations as in his opinion are in the public interest or may convey in fee simple absolute. All statutes relating to State lands or to reservations of minerals therein or to reservations of rights to prospect for or mine or remove such minerals are inapplicable to lands heretofore or hereafter acquired by the State or conveyed by the State pursuant to the provisions of this code or pursuant to the provisions of previously existing statutes codified in this code, and no such statute in respect to State lands hereafter enacted shall be applicable thereto unless the Legislature expressly so declares. It shall be conclusively presumed in favor of any purchaser for value and without notice of any real property or interest therein conveyed pursuant to the provisions of this code that the department acted within its lawful authority in acquiring the property, and that the director acted within his lawful authority in executing any deed or conveyance or lease authorized by this code. (Amended by Stats. 1939, Ch. 686.)
  151. 104.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lease unused state-highway lands, and the director may set the lease terms. Structures left on land acquired for future highway needs must meet the local building and safety standards in force when the department acquires the property, subject to any applicable variances.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.6. The authority conferred by this code to acquire real property for state highway purposes includes authority to acquire for future needs. Structures maintained or allowed to remain on property which has been acquired, or is acquired in the future, for future highway needs shall be maintained in conformance with standards established in the building and safety ordinances of the city or county having jurisdiction. The standards to which such structure shall be made to conform are those standards, except for such variances as may be applicable to the structure when acquired, of the city or county having jurisdiction which are in effect at the time of acquisition by the department. The department is authorized to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the director may fix and to maintain and care for such property in order to secure rent therefrom. Except for any rent required under the California Toll Bridge Authority Act (Chapter 1 (commencing with Section 30000) of Division 17), or any bond indenture executed under that act, to be deposited in some other fund, all such rent shall be deposited to the credit of the State Highway Account in the State Transportation Fund. Twenty-four percent of such rent in the State Highway Account shall be allocated pursuant to Section 104.10. Whenever it is determined by the department that any rental revenue collected under this section represents overpayment or payment in duplicate, the department may make refund of such overpayment or payment in duplicate from the State Highway Account. Any reference in any law or regulation to the Highway Properties Rental Fund or to the Highway Properties Rental Account in the Transportation Tax Fund shall be deemed to refer to the State Highway Account. (Amended by Stats. 1978, Ch. 389.)
  152. 104.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must lease certain unoccupied, unimproved highway property to requesting local agencies, and those agencies may use or sublease it under stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.7. (a) Unless otherwise provided by statute, when requested by a city, county, or special district, the department shall provide information regarding, and shall lease, unoccupied, unimproved property that is held for future highway purposes to the city, county, or special district within which the property is located. The city, county, or special district may use the leased property first for agricultural and community garden purposes, and second for recreational purposes, on terms and conditions not unreasonably inhibiting the use of the property, including, but not limited to, assumption of liability and installation and removal of improvements. The lease shall be for one dollar ($1) per year for not less than one year and shall be renewable. The city, county, or special district may sublease the property for agricultural or recreational purposes upon prior written notification to the department, and may proceed with the sublease unless disapproved by the department within 10 working days after the notice is sent to the department. The first priority for a sublease shall be given to the owner of property contiguous to the leased land. In a sublease of the property, the city, county, or special district may charge rental fees at least sufficient to pay its administrative costs. All money received by the city, county, or special district under a sublease, less administrative costs, shall be transmitted to the department for deposit in the State Highway Account. (b) Unoccupied, unimproved property that has commercial, industrial, or residential use as its most feasible or best use, as determined by the department, is not subject to this section. (c) The Legislature finds and declares that the lease of unoccupied, unimproved property pursuant to this section serves a public purpose. (Amended by Stats. 2004, Ch. 183, Sec. 336. Effective January 1, 2005.)
  153. 104.8.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may keep certain property-title documents in its records, and may provide certified copies on demand if the requester pays the preparation cost.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.8. The department may retain in its records all deeds, conveyances, and other evidences of title to or interests in real property acquired by the department under the provisions of this code. The Secretary of State and any other State officer or department having custody of any such documents is authorized and directed to deliver custody of such instruments to the department. The department may furnish on demand to any person paying the cost of preparing the same a certified copy of any such document. (Added by Stats. 1941, Ch. 199.)
  154. 104.9.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Deeds, conveyances, and other title documents for highway-purpose property acquired under this code do not need to be recorded by the Secretary of State.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 104.9. None of the deeds, conveyances or other evidences of title to or interests in real property acquired by the department under the provisions of this code for highway purposes, need be recorded by the Secretary of State. (Added by Stats. 1941, Ch. 804.)
  155. 10400.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    Challenges to an assessment or supplementary assessment must be started within 30 days after the assessment is levied, and any appeal from a final judgment must be perfected within 30 days after entry of judgment.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10400. The validity of an assessment or supplementary assessment levied under this division shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is levied. Any appeal from a final judgment in such an action or proceeding shall be perfected within 30 days after the entry of judgment. (Added by Stats. 1953, Ch. 192.)
  156. 10401.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The clerk must send the diagram and assessments to the correct local officer, depending on whether bonds are issued and who is conducting the proceeding.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10401. Upon the passage of the resolutions provided for in Section 10312, the clerk of the legislative body shall, if bonds are to be issued, transmit to the superintendent of streets, or if no bonds are to be issued, to the city tax collector the diagram and assessments adopted pursuant to Section 10312. If other than a municipal corporation is conducting the proceeding, the diagram and assessment shall be transmitted to and recorded by the corresponding officer of the entity conducting the proceeding, which officer shall be the county surveyor if a county is conducting the proceeding, and that officer shall perform the duties provided in this division for the tax collector. If neither a municipal corporation nor a county is conducting the proceeding, a certified copy of the diagram and assessment shall be recorded with the county surveyor if all or any part of the improvement district is in unincorporated territory, and with the superintendent of streets or tax collector of the city if all or any part of the improvement district is an incorporated territory. (Amended by Stats. 1987, Ch. 1388, Sec. 29.)
  157. 10402.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must record the diagram and assessment in a book kept for that purpose. The assessment becomes due and payable when it is recorded, unless a resolution under Section 10312 sets a different due date for all or part of it.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10402. The tax collector shall record the diagram and assessment received pursuant to Section 10401 in a substantial book to be kept for that purpose in his office. Upon the date of recordation with the tax collector or, if a certified copy is recorded with the county surveyor or the superintendent of streets of the city, or both, as provided in Section 10401, then upon the date of recordation, the assessment becomes due and payable, except that the legislative body may provide in the resolution adopted pursuant to Section 10312 that all or any portion of the assessment becomes due and payable on the date of the bonds which represent the assessments or portion thereof. (Amended by Stats. 1987, Ch. 1388, Sec. 30.)
  158. 10402.5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    After the specified resolution passes, the city clerk must record a notice of assessment, and the assessment then becomes a lien on the assessed property.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10402.5. Upon the passage of the resolution provided for in subdivision (a) of Section 10312, the city clerk shall record a notice of assessment, as provided for in Section 3114, modified to reflect any annual assessment for administrative cost, whereupon the assessment shall attach as a lien upon the property assessed, as provided in Section 3115, except that the annual assessment for administrative cost shall become a lien at the same time as the property tax becomes a lien each year. (Amended by Stats. 1987, Ch. 1388, Sec. 31.)
  159. 10403.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Unpaid assessments generally become delinquent after 30 days, and the recording officer must add 5% to each delinquent assessment. Assessments may also be paid in full or part during that 30-day period.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10403. All assessments not paid within 30 days after they become due, except all unpaid assessments for which bonds are to be issued, shall become delinquent and the recording officer shall add to each delinquent assessment 5 percent of the amount thereof. Assessments may be paid in whole or in part during the 30-day period after the same become due and payable. (Amended by Stats. 1955, Ch. 1306.)
  160. 10404.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The collection officer must mail and publish notice about the assessment after it is recorded.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10404. (a) Notice of recordation of assessment shall be given as provided in this section. (b) Upon recording of the assessment, the collection officer shall mail, as provided in subdivision (a) of Section 5070, a statement containing all of the following: (1) A designation by street number, or some other description, of the property assessed sufficient to enable the owner to identify it. (2) The amount of the assessment. (3) The date of the recordation of the assessment. (4) The time and place of payment of the assessment and the effect of failure to pay within such time. (5) If bonds are to be issued, a statement of that fact designating the act pursuant to which such bonds are to be issued. (c) The failure of the collection officer to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this division. (d) The collection officer also shall give notice by publication pursuant to Section 6066 of the Government Code, which notice shall state all of the following: (1) That the assessment has been recorded as provided in Section 10402, and that all sums assessed therein are due and payable immediately. (2) That the payment of such sums is to be made to the collection officer within 30 days after the date of recording the assessment, which date shall be stated in the notice. (3) If bonds are not to be issued, that all assessments will become delinquent if not paid before the expiration of that 30 days and the effect of the failure to pay the assessments within the 30-day period. (4) If bonds are to be issued, the effect of the failure to pay the assessments within the 30-day period. (Amended by Stats. 1975, Ch. 394.)
  161. 10405.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must set a time and place to sell parcels of land with unpaid assessments, and the sale date must be between 60 days and six months after the diagram and assessment are recorded.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10405. The tax collector shall fix a time and place for the sale of various parcels of land upon which the assessments are unpaid, which date shall be not less than 60 days nor more than six months after the date of the recordation of the diagram and assessment. (Added by Stats. 1953, Ch. 192.)
  162. 10406.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    If the resolution of intention does not provide for bonds, the tax collector must give notice of recording the assessment and collect and receive the assessments.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10406. When the resolution of intention does not provide for the issuance of bonds, the tax collector of the entity conducting the proceedings shall give the notice of recording the assessment and collect and receive the assessments, and proceedings shall be had as provided in this chapter. (Added by Stats. 1953, Ch. 192.)
  163. 10407.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must begin publishing a notice of sale within 30 days after a delinquency date.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10407. Within 30 days after the date of the delinquency, the tax collector shall begin the publication of a notice of sale of the property upon which the assessments have not been paid. The publication shall be made in the city pursuant to Section 6066 of the Government Code. (Amended by Stats. 1959, Ch. 1044.)
  164. 10408.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    A notice of sale does not have to list parcel descriptions in full, but must identify parcels by number and include specified assessment and ownership details.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10408. The notice of sale published pursuant to Section 10407 need not set out the description of the various parcels of land at length, but shall describe the parcels by their respective number as they appear upon the assessment and diagram. The notice shall refer to the assessment and diagram. Opposite the description or designation of each parcel of land shall be set out the name of the owner as it appears on the last equalized assessment roll for city taxes or as known to the tax collector, the amount assessed against the parcel, the penalty for delinquency, a fee which is required to reimburse the municipality for the estimated reasonable cost of providing notice pursuant to Section 10408.5, and the costs of sale chargeable to the parcel. (Amended by Stats. 1985, Ch. 475, Sec. 6.)
  165. 10408.5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must mail notice to parties of interest 45 to 60 days before the sale and make a reasonable effort to find their name and last known mailing address.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10408.5. (a) Not less than 45 days nor more than 60 days prior to the date of sale, the tax collector shall send notice by registered mail to the last known mailing address, if available, of parties of interest, as defined in Section 6505.4. The content of the notice shall include the date, time, and place of the proposed sale, and the amount required to redeem prior to the time of the sale. (b) The tax collector shall make a reasonable effort to obtain the name and last known mailing address of parties of interest. (c) The validity of any sale under this chapter is not affected if the tax collector’s reasonable effort fails to disclose the name and last known mailing address of parties of interest or if a party of interest does not receive the mailed notice. (Added by Stats. 1985, Ch. 475, Sec. 7.)
  166. 10409.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must mail notices of sale at least 15 days before the sale to owners of property with unpaid assessments, and the notice must list each parcel and certain amounts due.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10409. At least 15 days prior to the date of the sale, the tax collector shall mail, postage prepaid, notices of sale to the owners of all property upon which the assessments have not been paid, as they appear on the last equalized assessment roll for city taxes or as known to the tax collector. The various parcels shall be designated by their legal description or by street number in addition to their respective numbers as they appear upon the assessment and diagram. Opposite the description and designation of each parcel in the notice shall be set out the amount assessed against the property, the penalty for delinquency, a fee which is required to reimburse the municipality for the estimated reasonable cost of providing notice pursuant to Section 10408.5, and the portion of the costs of the sale chargeable to the parcel. (Amended by Stats. 1985, Ch. 475, Sec. 8.)
  167. 10410.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    After the notices of sale have been published and mailed, the tax collector must file an affidavit with the legislative body.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10410. Upon the completion of the publishing and mailing of the notices of sale, the tax collector shall file with the legislative body an affidavit setting forth the time and manner of the compliance with the requirements for publishing and mailing the notices. (Added by Stats. 1953, Ch. 192.)
  168. 10411.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Any person may pay the assessment, penalties, and costs due on the property after delinquency and before the parcels are sold.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10411. At any time after delinquency and prior to the sale of any parcels of land assessed and delinquent, any person may pay the assessment, and penalties and costs due on the property, including the cost of advertising if the payment is made after the first publication of the notice of sale. (Added by Stats. 1953, Ch. 192.)
  169. 10412.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must sell the advertised property at the noticed time and place, in list order, and may postpone or continue the sale day to day until completed.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10412. At the time and place fixed in the notice, the tax collector shall proceed with the sale of the property advertised, commencing at the head of the list and continuing in numerical order of lots or parcels of land until all are sold. He may postpone or continue the sale from day to day until the sale is completed. (Added by Stats. 1953, Ch. 192.)
  170. 10413.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must sell each unpaid parcel separately, or only as much as needed to cover the assessment, penalties and costs, plus $0.50 for a certificate of sale.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10413. The tax collector shall sell separately each parcel of land in the published notice on which the assessment remains unpaid, or so much of it as is necessary to realize the amount assessed against the parcel and penalties and costs, and fifty cents ($0.50) for a certificate of sale. If there is no other purchaser for any lot or parcel of land so offered for sale, it shall be struck off to the city as purchaser. (Added by Stats. 1953, Ch. 192.)
  171. 10414.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    For each sale, the tax collector must issue both an original and a duplicate certificate of sale, give the original to the purchaser, and keep the duplicate on file.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10414. For each sale the tax collector shall issue an original and duplicate certificate of sale, referring to the proceedings, describing the parcel sold, and giving the name of the purchaser and the amount for which the parcel was sold. He shall deliver the original certificate to the purchaser and keep the duplicate on file in his office, in the form of a stub, in the certificate book. (Added by Stats. 1953, Ch. 192.)
  172. 10415.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Property sold under this chapter may be redeemed within one year of sale if the required payment and penalty are paid to the tax collector.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10415. At any time before the expiration of one year from the date of the sale, any property sold pursuant to this chapter may be redeemed by payment to the tax collector of the amount for which it was sold and an additional penalty at the rate of 1 percent of the amount a month until paid. (Added by Stats. 1953, Ch. 192.)
  173. 10416.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector must pay redemption money to the holder of the original certificate of sale, require surrender of the certificate and a receipt, and record the redemption on the duplicate certificate.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10416. The tax collector shall pay the redemption money to the person holding the original certificate of sale and shall require that the person to whom the redemption money is paid surrender the certificate and give a receipt for the money so paid. Upon redemption of any parcel of land the tax collector shall enter the fact and date of redemption upon the duplicate certificate of sale for that parcel of land. (Added by Stats. 1953, Ch. 192.)
  174. 10417.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    If a tax-sale property is not redeemed within one year and the purchaser has complied with the chapter, the tax collector must issue a deed; the deed must include specified information, and the collector usually receives a $1 fee unless the city bought the property.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10417. If property sold pursuant to this chapter is not redeemed within one year, and if the purchaser or his assignee has complied with the provisions of this chapter, the tax collector shall execute to the person named in the original certificate, or to his assignee on his application, a deed of the property described in the certificate. The deed shall refer in general terms to the proceedings under which it is issued and contain a description of the property, any assignment thereof, and the fact that no person has redeemed the property. The tax collector shall receive from the applicant one dollar ($1) for making the deed, unless the city is the purchaser, in which case no charge shall be made. (Added by Stats. 1953, Ch. 192.)
  175. 10418.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Before applying for a deed, the purchaser or assignee must give written notice to the property owner and, if occupied, the occupant; if the owner cannot be found after due diligence, the notice must be posted on the property.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10418. At least 30 days before he applies for a deed, the purchaser or his assignee shall serve upon the owner of the property, and upon the occupant of such property if it is occupied, a written notice setting forth: (a) A description of the property. (b) That the property has been sold for a delinquent assessment (specifying the improvement for which the assessment was made). (c) The amount for which the property was sold. (d) The amount necessary to redeem at the time of giving notice. (e) The time when the purchaser or assignee will apply to the tax collector for a deed. If the owner cannot be found, after due diligence, the notice shall be posted in a conspicuous place upon the property, at least 30 days before the time stated therein as the time at which the application for a deed will be made. (Added by Stats. 1953, Ch. 192.)
  176. 10419.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    A deed applicant must file affidavits with the tax collector showing required notice, and if personal service on the owner did not occur, that due diligence was used to find the owner.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10419. The person applying for a deed shall file with the tax collector an affidavit or affidavits showing that notice of such application has been given as required in this chapter, and if the notice was not served on the owner of the property personally that due diligence was used to find the owner. The affidavit or affidavits shall be filed by the tax collector in his office. (Added by Stats. 1953, Ch. 192.)
  177. 10420.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    If a property is redeemed more than 11 months after sale and after the required affidavits are filed, the person redeeming must pay $3 for service of notice and preparation of the affidavits.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10420. If redemption of the property is made after such affidavits are filed, and more than 11 months from the date of sale, the person making the redemption shall pay, in addition to the other amounts required, three dollars ($3) for the service of notice and the making of the affidavits, which amount shall be paid over to the purchaser or his assignee in the same manner as other sums paid for redemption. (Added by Stats. 1953, Ch. 192.)
  178. 10421.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    A deed for property sold for delinquent assessment cannot be made until the purchaser or assignee has complied with Sections 10417 to 10420 and filed the proper affidavits with the tax collector.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10421. No deed for any property sold for delinquent assessment shall be made until the purchaser or his assignee has complied with all the provisions of Sections 10417 to 10420, inclusive, and has filed the proper affidavits with the tax collector. (Added by Stats. 1953, Ch. 192.)
  179. 10422.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector’s deed transfers fee title to the property, and the grantee is entitled to immediate possession when the deed is received.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10422. The deed of the tax collector conveys the title in fee to the property and entitles the grantee, upon the receipt thereof, to immediate possession of the property described in the deed. (Added by Stats. 1953, Ch. 192.)
  180. 10423.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The tax collector’s deed is prima facie evidence that its recitals are true and that prior proceedings were regular.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10423. The deed of the tax collector is prima facie evidence of the truth of all the matters which it recites, and of the regularity of all proceedings prior to the execution of the deed. (Added by Stats. 1953, Ch. 192.)
  181. 10424.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    The tax collector must send collected funds to the city treasurer, and the treasurer must keep them in a special fund for the named improvement proceeding.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10424. As fast as collected the tax collector shall pay the funds collected by him pursuant to this division, either upon voluntary payment or as the result of sales, to the treasurer of the city. The city treasurer shall place the funds so received in a special fund designated by the name of the improvement proceeding. Payment shall be made out of the special fund so established only for the purposes provided for in this division. (Amended by Stats. 1967, Ch. 1152.)
  182. 10424.2.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    If the Orange County Board of Supervisors finds a project delay after bonds are issued, it may use money in the improvement fund to redeem bonds, and it must reduce later assessment installments as much as the law allows.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10424.2. (a) If the Orange County Board of Supervisors determines, subsequent to the issuance of bonds, that the acquisition or construction of all or any part of the proposed improvement will be delayed beyond the date upon which, at the time the bonds were issued, the acquisition or construction was expected to occur, the balance then on deposit in the improvement fund, or the portion specified by the board, may, at the direction of the board, be applied to call outstanding bonds called for redemption. The call and redemption of bonds pursuant to this section shall not cause the amount of any assessment to be reduced. The board shall cause any annual assessment installments occurring after any redemption under this section to be reduced to the maximum extent permitted by law. (b) The board may, from time to time, issue bonds in an aggregate principal amount not in excess of the principal amount of bonds called for redemption pursuant to subdivision (a). The net proceeds derived from the sale of the bonds shall be deposited in the improvement fund. (Added by Stats. 1993, Ch. 650, Sec. 1. Effective January 1, 1994.)
  183. 10425.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    If the assessment or bond sale does not raise enough money, the legislative body may cover the deficit from the general fund or order a supplemental assessment.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10425. If the first assessment or the sale of bonds to represent assessments levied pursuant to this division fails to raise sufficient money to pay all costs, damages, and expenses of the improvement or acquisition, including any judgments rendered in the action and proceedings mentioned in this division and the costs and expenses thereof, the legislative body may pay the deficit out of the general fund, or may order a supplemental assessment to pay the deficit. (Added by Stats. 1953, Ch. 192.)
  184. 10426.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    The legislative body may confirm, modify, or correct a supplemental assessment at the hearing.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10426. The supplemental assessment shall be made and collected in the same manner, as nearly as may be, as the first assessment. Subsequent supplemental assessments may be made, if necessary, to pay for the improvement. At the hearing the legislative body may confirm, modify, or correct the supplemental assessment. The decision of the legislative body thereon is final. (Added by Stats. 1953, Ch. 192.)
  185. 10427.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    After an improvement is completed and claims are paid, the legislative body must determine any surplus in the improvement fund and decide how it will be used.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10427. After completion of the improvement and the payment of all claims from the improvement fund, the legislative body shall determine the amount of the surplus, if any, remaining in the improvement fund by reason of the assessment and any supplemental assessment levied for the improvement. The surplus shall be used, in amounts determined by the legislative body, for one or more of the following purposes: (a) For transfer to the general fund of the city, provided that the amount transferred shall not exceed the lesser of one thousand dollars ($1,000) or 5 percent of the total amount expended from the improvement fund. (b) As a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1. (c) For the maintenance of the improvement. (d) To call bonds, thereby reducing outstanding assessments and subsequent assessment installments. In the event that the legislative body determines to use all or some portion of the surplus to call bonds prior to maturity, the treasurer shall do each of the following: (1) Cause the special reserve fund, if any, to be reduced as necessary pursuant to Section 8887 to assure that the bonds will not become subject to federal income taxation. (2) Cause any assessment previously paid in cash to receive a credit in cash pursuant to subdivision (b) of Section 10427.1 for the proportionate share of the surplus as determined pursuant to subdivision (a) of Section 10427.1. (3) Cause the preparation of new auditor’s records to reflect the adjusted principal amount of the remaining assessment. All subsequent assessment installments shall be based upon the adjusted principal amount of the assessment as reflected in the revised auditor’s record. (Amended by Stats. 1991, Ch. 966, Sec. 11.)
  186. 10427.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    Surplus funds from an assessment must usually be credited back to the assessment, though some portions may be used to call outstanding bonds.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10427.1. (a) If there is no supplemental assessment, the entire amount of the surplus shall be applied as a credit to the assessment or, as an alternative, any portion of the surplus may be used to call outstanding bonds. If any supplemental assessment has been levied, any portion of the surplus shall be applied as a credit to the assessment or supplemental assessment, or both, or, as an alternative, may be used to call outstanding bonds, as the legislative body may determine. Any credit upon the assessment or any supplemental assessment shall be made in the proportion which each individual assessment, or installment of principal thereof, bears to the total of all individual assessments in the assessment or supplemental assessments upon which the surplus is to be credited. Any bonds called pursuant to this section shall be selected in accordance with Section 8768. (b) Where an individual assessment, or any installment of the principal thereof, has been paid in cash after January 1, 1991, the credit shall be returned in cash to the person or persons owning the property for which the assessment or installment has been paid upon their furnishing satisfactory evidence of payment. (c) Where all or any part of an individual assessment remains unpaid, if the individual assessment is not payable in installments, the credit shall be applied in its entirety upon the individual assessment. (d) Where all or any part of an individual assessment remains unpaid and is payable in installments, the amount apportioned to each parcel shall be credited against the next installment or installments unpaid upon it after the two-year period specified in this subdivision. When any of the surplus is to be applied as a credit upon the assessment, payable in installments, no credit may be paid or credited as provided in this section until after a period of two years from the date of receipt of proceeds of the sale of bonds by the legal entity conducting the proceedings. (e) There shall be transferred to the general fund of the city (1) any portion of the surplus which has not been paid to or claimed by the persons entitled thereto within four years from the date of recordation of the assessment and any supplemental assessment or, if bonds have been issued, within four years after the due date of the last installment upon the bonds or of the last principal coupon attached thereto, and (2) any interest earned from the investment of any moneys constituting all or any part of the surplus when the surplus attributable to an individual remaining assessment is fifty dollars ($50) or less. If the surplus attributable to an individual remaining assessment is greater than fifty dollars ($50), any interest earned thereon, less administrative cost of investing and crediting, shall be applied as a credit to the assessment. (Amended by Stats. 1990, Ch. 446, Sec. 24.)
  187. 10427.2.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The legislative body may direct surplus improvement-fund money to be credited to contributing public entities, and the remaining surplus must be handled under Section 10427.1.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10427.2. If, pursuant to Section 10427, the legislative body determines that any surplus remaining in the improvement fund shall be used as a credit upon the assessment or any supplemental assessment, the legislative body may also determine that such surplus shall be applied as a credit to the city or any local, state or national agency or authority which shall have made a contribution towards the costs and expenses of the improvement. A credit on account of any contribution shall be made in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions. All such credits shall be returned in cash to the city, local, state or national agency or authority making such contribution. The surplus remaining in the improvement fund after making credits on account of contributions shall then be applied as a credit in the manner provided in Section 10427.1. (Added by Stats. 1967, Ch. 790.)
  188. 10427.5.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    If work is deleted from a specific lot, the resulting surplus in the improvement fund may be returned to that lot’s owner.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10427.5. If any work to be performed under this division is deleted from a specific lot fronting on the improvement, the surplus in the improvement fund resulting from the deletion of such work may be returned to the owner of that lot, in the manner provided in Section 10427.1. (Amended by Stats. 1967, Ch. 316.)
  189. 10428.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    A special assessment becomes a lien on the assessed land when recorded, and the lien generally lasts 10 years unless it is discharged sooner or extended by bond timing rules.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10428. From the date of the recordation pursuant to Sections 3114 and 3115, each special assessment levied under this division is a lien upon the land upon which it is levied. This lien is paramount to all other liens, except prior assessments and taxation. Unless sooner discharged, the lien continues for a period of 10 years from the date of the recordation or, if bonds are issued to represent the assessment, until the expiration of four years after the due date of the last installment on the bonds or of the last principal coupon attached thereto. All persons have constructive notice of this lien from the date of the recordation. (Amended by Stats. 1984, Ch. 1298, Sec. 28.)
  190. 10429.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    The lien is subordinate to earlier fixed special assessment liens on the same property, but has priority over later fixed special assessment liens.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10429. The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the same property, but it shall have priority over all fixed special assessment liens which may thereafter be created against the property. (Added by Stats. 1963, Ch. 1465.)
  191. 10430.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    A reassessment lien and a refunding assessment lien have the same priority as the original assessment they relate to, and a supplemental assessment counts as a new assessment.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10430. The lien of a reassessment and a refunding assessment shall have the same priority as the original assessment to which it relates. A supplemental assessment is a new assessment. (Added by Stats. 1963, Ch. 1465.)
  192. 105.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may create and maintain stock trails along state highways, must post warning notices, and people may not drive untethered stock on state highways between stock trail entrances.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 105. The department may construct and maintain stock trails approximately paralleling any State highway and may retain and maintain for stock trails the right of way of any State highway which is superseded by relocation. The department may likewise designate as a stock trail any highway which the State has relinquished to a county and which approximately parallels any State highway. Where such a highway has been so designated as a stock trail, it thereafter may not be abandoned or vacated without the consent in writing of the department filed with the board of supervisors. The department shall post notices upon such stock trails, and upon each highway at the entrances of such trails, directing all persons to drive all untethered stock thereon. Any person who drives any untethered stock upon any State highway between the entrances of such a stock trail is guilty of a misdemeanor, and, in addition, thereto, is liable for all damage thereby done to said highway. (Amended by Stats. 1939, Ch. 264.)
  193. 1050.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. )

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    This section defines “private byroads” and says they may be opened, laid out, or altered under the same procedure used for public roads, with only one petitioner needed.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. ) ## 1050. For the purposes of this chapter, “private byroads” are roads opened, laid out, or altered for the purpose of providing access to parcels of contiguous private land of more than 100 acres which have been cut off by a change in the course of a navigable stream. Except as provided in this chapter, private byroads may be opened, laid out, or altered for the necessity of one or more residents or landowners of any road district in the same manner, and using the same procedure, as specified for the opening, laying out, or altering of public roads as provided in Article 3 (commencing with Section 1160) of Chapter 4; provided, however, that only one petitioner is necessary. (Added by Stats. 1978, Ch. 627.)
  194. 10506.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    After preliminary approval of the report, the legislative body may, by two-thirds vote and without bids, order the municipality to carry out some or all of the improvement.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10506. At any time after the preliminary approval of the report provided for in Section 10300, by resolution adopted by a vote of two-thirds of all its members and without calling for bids, the legislative body may order that the municipality itself execute any or all of the improvement in accordance with the specifications and plans adopted for the work. (Added by Stats. 1986, Ch. 195, Sec. 162.)
  195. 10507.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    The legislative body may let the municipality hire labor and supply materials and equipment for an improvement project.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10507. The legislative body, on ordering the municipality itself to execute the improvement, may authorize the municipality to employ the labor, and provide the material, appliances, supplies, and illuminating agent necessary to carry out the work. (Added by Stats. 1986, Ch. 195, Sec. 163.)
  196. 10508.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    Municipal work costs must be paid from the improvement fund, but only up to the bid amount or, if there were no bids, the applicable estimate; any excess must come from the general fund.

    ## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Levying and Collecting the Assessment [10400 - 10508] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 10508. The cost and expenses of work executed by the municipality itself shall be paid out of the improvement fund, but the amount appropriated and used from the fund for this purpose shall not exceed the amount of the bid upon which the award of the contract was made, or if no bids are received or the work is ordered without asking for bids, the cost and expenses shall not exceed the amount of the estimate provided for in subdivision (c) of Section 10204. If the cost and expenses do exceed the amount of the bid, or of the estimate in case no bids are received or the work is ordered without asking for bids, the excess shall be paid from the general fund in the treasury. (Added by Stats. 1986, Ch. 195, Sec. 164.)
  197. 1051.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. )

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    A petitioner must be a landowner in the road district.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. ) ## 1051. The petitioner shall be a landowner in the road district. (Added by Stats. 1978, Ch. 627.)
  198. 1052.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. )

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    A petitioner must file a bond with the petition, approved by the board of supervisors, and the bond must cover specified costs.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. ) ## 1052. The petitioner shall accompany the petition with a bond, approved by the board of supervisors, in double the amount of the probable cost of the proceedings, including the market value for land taken and any severance damage resulting from the taking, and shall be conditioned that the petitioner will pay all costs of the proceedings, including any compensation which may be awarded to any landowner. The bond shall be further conditioned that the petitioner will pay to the person over whose land the private byroad is sought to be opened or altered, the necessary costs and disbursements in contesting the opening or alteration of the private byroad, in case the petition is not granted or the private byroad is finally not opened or altered. (Amended by Stats. 1982, Ch. 517, Sec. 374.)
  199. 1053.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. )

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    The board of supervisors may order a private byroad to be opened, laid out, or altered, and the clerk must record that order within five days.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. ) ## 1053. The board of supervisors may, by resolution, order the private byroad to be opened, laid out, or altered. The clerk shall cause such order to be recorded in the office of the county recorder within five days, naming the owner of the dominant tenement as “grantee” and the owner of the servient tenement as “grantor.” (Added by Stats. 1978, Ch. 627.)
  200. 1054.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. )

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    The person who benefits from a required private byroad must pay the landowner the land’s market value plus any severance damage, and must build and maintain the byroad.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3.5. Private Byroads [1050 - 1054] ( Chapter 3.5 added by Stats. 1978, Ch. 627. ) ## 1054. The person for whose benefit the private byroad is required shall pay the landowner the market value for land taken and any severance damage resulting from such taking and shall build and maintain the private byroad. (Added by Stats. 1978, Ch. 627.)

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