Streets and Highways Code — Part 20 | SHC — United States — California law | Esheria

Streets and Highways Code

Part 20 of 23 · provisions 3,801–4,000

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

Jurisdiction
United States — California
Instrument
Code
Citation
SHC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
Bridge construction Indian-owned property NEV infrastructure NEV transportation plans PACE assessment PACE assessment contracts PACE financing PACE program administration Parking district administration Public infrastructure procurement Secretary of State Transportation facilities abandoned railroad lines access control accessibility compliance account apportionment account handling account opening account transfers accounting accounting and reporting accounting definitions accounting records accounting requirements +3,777 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Streets and Highways Code

Showing 200 of 4,572

  1. 745.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The department may, when removal is necessary because junk or scrap is visible from an interstate or primary highway, buy the junk or scrap and move it to a recycling center, or pay the moving costs, whichever is less expensive.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 745. The Legislature hereby finds and declares that: (a) The establishment, use, and maintenance of junkyards in areas adjacent to any interstate or primary highway should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in such highways, and to preserve the natural beauty of areas adjacent to such highways. The Legislature finds that motorists are distracted by unscreened junkyards adjacent to such highways and that a junkyard visible from such a highway constitutes a hazard to the safety of the traveling public. (b) It is the intent of the Legislature, by the enactment of this article, to provide for the state control of junkyards required by Section 136 of Title 23 of th United States Code. (c) The recycling industry plays an important role in the conservation of our state resources. In support of that role, should removal of junk or scrap from a nonconforming junkyard be necessary because such junk or scrap is visible from any interstate or primary highway, then the department may either purchase such junk or scrap and move it to a recycling center or pay the costs of moving the junk or scrap to a recycling center, whichever is less expensive. (Amended by Stats. 1977, Ch. 919.)
  2. 746.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    This section defines terms used in the article, including junk, automobile graveyard, junkyard, scrap metal processing facility, automobile dismantling facility, special conditions, visible, interstate highway, primary highway, and recycle.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 746. As used in this article: (a) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled or wrecked motor vehicles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. (b) “Automobile graveyard” means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (c) “Junkyard” means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. This definition includes scrap metal processors, autowrecking yards, salvage yards, scrap yards, auto recycling yards, used auto parts yards, and temporary storage of automobile bodies and parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. The definition also includes garbage dumps and sanitary landfills. The definition does not include litter, trash, and other debris scattered along or upon the highway, or temporary operations and outdoor storage of limited duration. (d) “Scrap metal processing facility” means any establishment or place of business which is maintained, used, or operated solely for the processing and preparing of scrap metals for remelting by steel mills and foundries. (e) “Automobile dismantling facility” means any establishment or place of business which is maintained, used, or operated by an “automobile dismantler,” as defined in the Vehicle Code, for the buying, selling, or dealing in vehicles of a type required to be registered under the Vehicle Code for the purpose of dismantling such vehicles and for the buying or selling of the integral parts and component materials of such vehicles. (f) “Special conditions” are any of the following which have occurred after October 6, 1966: (1) physical changes which occur within a state-owned right-of-way which cause a junkyard to become visible, such as the failure to maintain screening within the right-of-way or the reconstruction of the highway, (2) the classification of a highway as interstate or primary, or (3) redesignation of an industrial zone to some other zoning classification. (g) “Visible” means capable of being seen without visual aid by a person of normal visual acuity while driving on the main traveled way of an interstate or primary highway. (h) “Interstate highway” means any highway at any time officially designated as a part of the national system of interstate and defense highways by appropriate authority of the federal government. (i) “Primary highway” means any highway, other than an interstate highway, at any time officially designated as a part of the federal-aid primary system by appropriate authority of the federal government. (j) “Recycle” means either: (1) Purchasing junk and moving it to an automobile wrecker or scrap processor, or putting it to some other useful purpose, or (2) Paying the costs of moving such junk to an automobile wrecker or scrap processor or to a place where it will be put to some useful purpose. (Amended by Stats. 1977, Ch. 919.)
  3. 746.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    This section defines “nonconforming junkyard.”

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 746.1. “Nonconforming junkyard” means either of the following: (a) A junkyard lawfully in existence on October 6, 1966, but which does not conform to the requirements of this article. (b) A junkyard which is lawfully in existence at any time but later fails to comply with the requirements of this article due to special conditions as defined in subdivision (f) of Section 746. (Added by Stats. 1977, Ch. 919.)
  4. 746.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    A nonconforming junkyard may keep operating if it is not extended, enlarged, or changed in use, and is otherwise lawfully maintained.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 746.2. Nonconforming junkyards may continue in existence as long as they are not extended, enlarged, or changed in use, and are otherwise lawfully maintained. If the location of a nonconforming junkyard is changed for any reason, it ceases to be nonconforming and shall be treated as a new junkyard at a new location. (Added by Stats. 1977, Ch. 919.)
  5. 746.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    This section defines when a junkyard is treated as an illegal junkyard.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 746.3. An illegal junkyard is one which is either: (a) Established or is maintained in violation of this article and does not come within the definition of a “nonconforming junkyard,” as defined in Section 746.1. (b) A junkyard which becomes visible due to inadequate maintenance of screening located off the highway right-of-way, or the placement of junk so that it may be seen above or beyond the screen, or otherwise becomes visible. (c) A junkyard which, due to any conditions other than those described in subdivision (f) of Section 746, is established or maintained in violation of this article. (Added by Stats. 1977, Ch. 919.)
  6. 747.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    A junkyard generally may not be established, operated, or maintained if it is within 1,000 feet of the nearest right-of-way edge, visible from the main traveled way of an interstate or primary highway, and not in an industrially zoned area.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 747. Except as hereafter provided, no junkyard shall be established, operated, or maintained if any portion of the junkyard is within 1,000 feet of the nearest edge of the right-of-way and visible from the main traveled way of any interstate or primary highway and is not located in an area zoned for industrial purposes. (Amended by Stats. 1977, Ch. 919.)
  7. 747.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    Sanitary landfills do not have to be screened for this article, but landscaping is required after the fill is completed and operations stop unless the area will be used for immediate development.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 747.1. Sanitary landfills need not be screened to satisfy the requirements of this article but landscaping shall be required when the fill has been completed and operations have ceased, unless the landfill area is to be used for immediate development purposes. (Added by Stats. 1977, Ch. 919.)
  8. 748.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    Certain nonconforming junkyards must be removed from view of interstate or primary highways, and the department must screen qualifying junkyards or may pay for screening on the property.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 748. (a) Any nonconforming junkyard, as soon as the maximum federal share under Section 136 of Title 23, United States Code, is available for that purpose, shall be removed from sight of interstate or primary highways by any of the following methods to whatever extent is required, so as not to be visible from the main traveled way of any interstate or primary highway: (1) Screening by natural objects, plantings, fences, or other appropriate means. (2) Recycling, as defined in subdivision (j) of Section 746. (3) Relocation. (b) This section applies if any portion of such junkyard is within 1,000 feet of the nearest edge of the right-of-way and if it is visible from the main traveled way of such highway. The department shall screen such junkyards at locations on the highway right-of-way or in areas acquired for such purpose adjacent to the right-of-way or may compensate the junkyard owner for the placement of screening on the junkyard property. (Repealed and added by Stats. 1977, Ch. 919.)
  9. 749.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The department may screen certain junkyards near interstate or primary highways in industrial zones if the director finds screening is necessary or desirable for Section 745(a)’s purposes.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 749. The department may also screen any junkyards located within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway and located within an industrial zone if the director finds that such screening is necessary or desirable to achieve the purposes set forth in subdivision (a) of Section 745. (Amended by Stats. 1977, Ch. 919.)
  10. 75.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission may choose state highway locations, allocate funds for highway work, set maximum available amounts, and authorize preliminary surveys, unless another law says otherwise.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 75. Except as otherwise provided by law, the commission at any time and from time to time may: (a) Select, adopt, and determine the location for State highways on routes authorized by law. (b) Allocate, from the funds available therefor, moneys for the construction, improvement or maintenance of the various highways or portions thereof under the jurisdiction of the department. The commission may determine in each case the maximum sum of money that shall be made available therefor. (c) Authorize preliminary surveys to determine the advisability of including in or excluding from the State highway system any highway or portion thereof. (Enacted by Stats. 1935, Ch. 29.)
  11. 75.9.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    When the commission selects and adopts the location of a state highway or freeway, it must notify the relevant planning agencies and legislative bodies. Those bodies must then revise the circulation element of their general plans within 90 days after receiving notice.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 75.9. Upon the selection, adoption, and determination of the location for a state highway or freeway, the commission shall notify all planning agencies and legislative bodies having responsibility pursuant to Section 65300 of the Government Code for the adoption of the general plan or plans in the area affected by such commission action. Within 90 days after receipt of such notice, all such planning agencies and legislative bodies shall revise the circulation element of their general plans to reflect such commission action. (Added by Stats. 1970, Ch. 874.)
  12. 751.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The department may acquire real or personal property interests when needed to carry out junkyard screening, recycling, relocation, removal, or disposal under this article.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 751. The department is authorized to acquire such interests in real and personal property as may be necessary to effect the screening, recycling, relocation, removal, or disposal of junkyards required by the provisions of this article. (Amended by Stats. 1977, Ch. 919.)
  13. 751.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The Legislature declares that acquiring property interests to screen, relocate, remove, or dispose of junkyards under Section 751 is a public use and public purpose.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 751.1. The Legislature hereby declares that the acquisition of interests in real and personal property to effect the screening, relocation, removal, or disposal of junkyards provided for in Section 751 constitutes a public use and purpose. (Amended by Stats. 1977, Ch. 919.)
  14. 752.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    If federal law is read to require states to pay just compensation for junkyard relocation, removal, or disposal, the department must pay that compensation to owners of nonconforming junkyards covered by this article.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 752. If federal law should be interpreted as requiring the states to pay just compensation with regard to the relocation, removal, or disposal of junkyards, just compensation shall be paid by the department to the owners of nonconforming junkyards which must be relocated, removed, or disposed of pursuant to the provisions of this article. (Amended by Stats. 1977, Ch. 919.)
  15. 753.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The commission may allocate money from the State Highway Account in the State Transportation Fund for specified article-related purposes.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 753. The commission is authorized to allocate funds from the State Highway Account in the State Transportation Fund for all of the following purposes: (a) Costs of administering the provisions of this article. (b) Costs of maintaining only that screening which is located on state right-of-way. (c) Costs necessary to match the maximum contribution allowed by the federal government in carrying out the purposes of this article. (Repealed and added by Stats. 1977, Ch. 919.)
  16. 754.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    A junkyard operated in violation of this article or its regulations is a public nuisance and may be removed or otherwise disposed of by a public employee or entity.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 754. Any junkyard which is established or maintained in violation of the provisions of this article or the regulations prescribed thereunder is a public nuisance and may be removed or otherwise disposed of by any public employee or entity. (Amended by Stats. 1977, Ch. 919.)
  17. 755.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The director may act against an illegal junkyard only after 30 days’ written notice, and the owner must bear the costs of that action.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 755. The director may screen, relocate, remove or dispose of any illegal junkyard after 30 days’ written notice posted on such property and a copy forwarded by mail to the owner of such junkyard at his last-known address. The department shall have an action to recover the expense of such screening, relocating, removing or disposing, costs and expenses of suit, and, in addition thereto, the sum of one hundred dollars ($100) for each day such junkyard or portion thereof, remains in violation after the expiration of 30 days from the time of forwarding such written notice. For the purposes of this section, the director or his authorized agent may enter upon private property. All costs incurred under this section in screening, relocating, removing or disposing of such junkyards shall be the responsibility of the owners thereof. (Amended by Stats. 1977, Ch. 919.)
  18. 756.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    An illegal junkyard is a public nuisance. Anyone acting as a principal, agent, or employee who violates this article or its regulations commits a misdemeanor.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 756. Every illegal junkyard is a public nuisance and every person, as principal, agent or employee, violating any of the provisions of this article or the regulations prescribed thereunder is guilty of a misdemeanor. (Amended by Stats. 1977, Ch. 919.)
  19. 757.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The remedies in this article for removing junkyards are cumulative and do not exclude other remedies allowed by law.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 757. The remedies provided in this article for the removal of junkyards are cumulative and not exclusive of any other remedies provided by law. (Amended by Stats. 1977, Ch. 919.)
  20. 758.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The director may make agreements with the U.S. Secretary of Transportation and accept funding allotments under the cited federal provision.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 758. The director may enter into agreements with the Secretary of Transportation of the United States and accept any allotment of funds as provided by Section 136 of Title 23 of the United States Code. (Amended by Stats. 1970, Ch. 990.)
  21. 759.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    The director must prescribe and enforce regulations for junkyards, including their establishment, screening, relocation, removal, or disposal, subject to this article and federal standards.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 759. The director shall prescribe and enforce regulations governing the establishment, screening, relocation, removal, or disposal of junkyards as provided in this article consistent with the provisions of Section 136 of Title 23 of the United States Code and the national standards promulgated thereunder by the Secretary of Transportation. (Amended by Stats. 1977, Ch. 919.)
  22. 759.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )

    Verify source ↗

    This section says the Legislature’s goal is to set minimum standards for outdoor junkyards, and cities, counties, and city and county governments may adopt stricter local ordinances.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 3. The Care and Protection of State Highways [660 - 759.3] ( Chapter 3 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745 - 759.3] ( Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 759.3. It is declared to be the intent of the Legislature in enacting this article to establish minimum standards with respect to the regulation of outdoor junkyards. The governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing restrictions on junkyards equal to or greater than those imposed by this article. (Amended by Stats. 1977, Ch. 919.)
  23. 76.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission has power to request or accept certain federal grants or grant modifications for California.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 76. There is hereby delegated to the commission by the Legislature of the State of California full power and authority to request or accept on behalf of the State of California any grant or grants or modifications of grants made by any executive agency of the United States whereby rights-of-way for the extension, maintenance or operation of state roads or bridges across property of the United States of America are desired or have been granted to the State of California or to any political subdivision thereof. (Amended by Stats. 1967, Ch. 1310.)
  24. 760.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. County Aid to State [760 - 762] ( Article 1 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county board of supervisors may, with a four-fifths vote and a written recommendation from the department, acquire property for state highway purposes or contribute specified items toward state highway construction; if necessary, it must condemn the property.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. County Aid to State [760 - 762] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 760. (a) If the board of supervisors of any county determines, by a four-fifths vote of the membership of the board, that the acquisition or contribution authorized under this section will promote the interests of the county and the acquisition or contribution is recommended in writing by the department, the board, by resolution passed by a four-fifths vote of its members, may proceed to do either or both of the following: (1) Acquire any real property or interest needed for state highway purposes and described in the department’s written recommendation. The board shall proceed, if necessary, to condemn the real property or any interest therein. The title to the property or interest may be taken in the name of the state or the county. The resolution of the board is the only preliminary procedure required prior to the acquisition of the property or interest, or to the commencement of a condemnation proceeding, except that if the acquisition is by eminent domain, the resolution shall be one that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure. (2) Contribute bridges, fencing, money, labor, materials, and appurtenances toward the construction of state highways within the limits of the county. (b) After the board has adopted the resolution described in subdivision (a) and based on the terms of that resolution, the department may proceed to condemn any real property or interest that is described in both the department’s recommendation and the board’s resolution. (c) The acquisitions or contributions authorized under this section shall be for the use of the state as provided in Section 762. (Amended by Stats. 1999, Ch. 546, Sec. 1. Effective September 28, 1999.)
  25. 761.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. County Aid to State [760 - 762] ( Article 1 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The cost of certain real property acquisitions or contributions may be charged to specified county or district funds.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. County Aid to State [760 - 762] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 761. The expense of any such acquisition of real property or interest therein, or of any such contribution, or of both, may be charged to the general fund of the county, the road fund of the county, or the district fund of the district benefited. (Amended by Stats. 1961, Ch. 801.)
  26. 762.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. County Aid to State [760 - 762] ( Article 1 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The State may receive and use benefits under section 760, and county contributions under that section must be paid into a State fund for highway purposes.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. County Aid to State [760 - 762] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 762. The State may receive and use the benefits provided under section 760, and any money contributed by a county under that section shall be paid into a State fund available for highway purposes and designated by the board of supervisors in the resolution determining such contribution. (Enacted by Stats. 1935, Ch. 29.)
  27. 77.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission may accept a right-of-way grant, or a modification of one, for certain roads by appropriate 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 77. The commission may accept, by appropriate resolution, a grant or modification of a grant of right-of-way for any of the roads mentioned in Section 76 across property of the United States of America. (Repealed and added by Stats. 1967, Ch. 1310.)
  28. 77.5.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The Governor may accept a federal retrocession of legislative jurisdiction over certain highway-related real property, and the acceptance must be recorded with the county recorder and the State Lands Commission.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 77.5. Notwithstanding any other provision of law, the Governor of the State of California is authorized to accept any retrocession of legislative jurisdiction offered by the United States of America over real property upon which an easement for a right-of-way or any other interest for highway purposes has been granted by the federal government to the State of California. The execution and delivery of acceptance of retrocession of legislative jurisdiction by the Governor of California shall be recorded in the office of the county recorder where the land is located and in the office of the State Lands Commission. The State Lands Commission shall maintain a permanent public record of such acceptances as part of the index relating to jurisdiction of the United States of lands in the State of California required by Section 127 of the Government Code. (Amended by Stats. 1974, Ch. 473.)
  29. 78.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    Accepted grants and related rights of way become part of California’s 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 78. Any of the said grants received by the State of California and accepted by the commission, or relocations of such rights of way so received in any military reservation, shall by the acceptance thereof become a part of the system of public highways of the State. (Added by Stats. 1935, Ch. 144.)
  30. 79.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission’s delegated powers are not exclusive, and the Legislature may continue to exercise those powers while in session.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 79. This delegation of power to the commission shall not be deemed exclusive, but any of the powers herein enumerated may continue to be exercised by the Legislature itself while in session. (Added by Stats. 1935, Ch. 144.)
  31. 790.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county board of supervisors may petition the department to cooperate on improving or building certain connecting highways if the vote and road-link conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 790. The board of supervisors of any county may, by a vote of not less than three-fifths of its membership, petition the department to cooperate, under the provisions of this article, in the improvement of an existent highway or the construction of a proposed highway in that county when such existent highway connects, or such proposed highway will connect, a forest highway system road or national park road which is already built or under construction, with any State highway. Such connecting highway shall not exceed fifty miles in length. When any highway sought to be improved or constructed under the provisions of this article is situated in two or more counties, a petition, or concurrence in such a petition, passed by a three-fifths vote of the membership of the board of supervisors of each of such counties is required to initiate the proceeding under this article. (Enacted by Stats. 1935, Ch. 29.)
  32. 791.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A petition must include a highway description, whether the county will provide needed rights of way at its own expense, the funds the county has available or will provide, and any other information the department requests.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 791. Such petition shall contain: (a) A description of the highway proposed to be improved or constructed. (b) A statement as to whether the county will supply, at its own expense, such rights of way as are necessary. (c) A statement of the funds which such county already has available, or proposes to provide, for such construction. (d) Such other information or data as the department requests. (Enacted by Stats. 1935, Ch. 29.)
  33. 792.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The department may cooperate with petitioning county or counties and later enter agreements with petitioners to obtain project estimates, surveys, plans, and specifications.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 792. Upon the receipt of such petition, if the department determines that public necessity and convenience will be served thereby, it may cooperate with the petitioning county or counties, in any manner agreeable to all parties, for the purpose of procuring preliminary estimates of the cost of the proposed project. After such preliminary estimates are made and submitted to it, the department may enter into an agreement with any petitioner or with the several petitioners for the purpose of securing detailed surveys, plans, specifications, and estimates of the cost of the proposed project. (Enacted by Stats. 1935, Ch. 29.)
  34. 793.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The department must approve the listed surveys, plans, specifications, and cost estimates before they can proceed.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 793. All such surveys, plans, specifications, and estimates of cost shall be subject to the approval of the department. Upon such approval, a copy of the petition and approved documents shall be filed with the department, and with the clerk of the board of supervisors and the county recorder of each petitioning county. (Enacted by Stats. 1935, Ch. 29.)
  35. 794.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    After approval, the department may make a written agreement with one or more petitioners for highway improvement or construction, and the cost must be shared among the contracting parties in the agreed proportions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 794. Upon such approval the department may enter into a written agreement with any petitioner or with the several petitioners for the improvement or construction of the highway in question. The cost of such improvement or construction shall be prorated between the contracting parties in any agreed proportion. (Enacted by Stats. 1935, Ch. 29.)
  36. 795.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county board of supervisors may choose a county surveyor or engineer to oversee a proposed project wholly within one county. If two or more counties are petitioners, they must agree on who will oversee the work and then notify the department that they are ready to proceed.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 795. If the proposed construction or improvement lies wholly within one county, the board of supervisors of the county may designate the county surveyor or any engineer to take charge of the work. If two or more counties are petitioners they shall agree as to the engineer or county surveyor who will take charge of the work and after so agreeing they shall notify the department that they are ready to proceed with the work. (Enacted by Stats. 1935, Ch. 29.)
  37. 796.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    After a written agreement under section 794, the named engineer or surveyor must prepare detailed plans and specifications and submit them to the department for approval.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 796. When a written agreement has been entered into as provided in section 794, detailed plans and specifications shall be prepared by the engineer or surveyor named to take charge of the proposed construction or improvement and shall be submitted to the department for its approval. If such plans and specifications meet with the approval of the department it shall so notify the petitioning board or boards of supervisors. (Enacted by Stats. 1935, Ch. 29.)
  38. 797.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The board must advertise for bids and award the contract for the highway work only after getting the department’s written approval of the successful bidder’s proposal.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 797. The board shall then proceed to advertise for bids and let the contract for the improvement or construction of such highway after first securing the department’s written approval of the proposal submitted by the successful bidder. If the bids for improving or constructing such highway exceed a figure which the department considers reasonable, such bids shall be rejected. In such case the project may be readvertised and if, upon such readvertisement, no satisfactory bid is received the work proposed may, subject to the approval and under the inspection of the department, be undertaken by day labor. (Enacted by Stats. 1935, Ch. 29.)
  39. 798.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The department must pay its share of the work’s cost when satisfactory evidence shows the work meets its requirements.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperative Highway Construction and Improvement [790 - 798] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 798. Payment for the work done under this article shall be made in the manner provided by law for the payment of claims against counties. Upon satisfactory evidence being presented to the department that the work done conforms to its requirements, the department shall pay, in the manner provided by law, its pro rata share of the cost of the work as agreed upon. Such payment shall be made out of any funds available to the department for such purposes. (Enacted by Stats. 1935, Ch. 29.)
  40. 8.

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

    Verify source ↗

    When this code requires a notice, report, petition, permit, statement, or record, it must be in writing and in English.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 8. Whenever any notice, report, petition, permit, statement or record is required by this code, it shall be made in writing in the English language. (Enacted by Stats. 1935, Ch. 29.)
  41. 80.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission must act by resolution, vote, or order entered in its minutes.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 80. The commission shall act by resolution or by vote or order entered in its minutes. (Added by Stats. 1947, Ch. 436.)
  42. 800.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. )

    Verify source ↗

    This section creates the Advance Mitigation Program and requires the department to consult with Fish and Wildlife, reserve at least $30 million each year for four years starting in 2017–18, and follow a Finance Director order to move the identified funds.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. ) ## 800. (a) The Advance Mitigation Program is hereby created in the department to enhance communications between the department and stakeholders to protect natural resources through project mitigation, to meet or exceed applicable environmental requirements, to accelerate project delivery, and to mitigate, to the maximum extent required by law, environmental impacts from transportation infrastructure projects. The department shall consult on all activities pursuant to this article with the Department of Fish and Wildlife, including activities pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. (b) Commencing with the 2017–18 fiscal year, and for a period of four years, the department shall set aside no less than thirty million dollars ($30,000,000) annually for the Advance Mitigation Program from the annual appropriations for the State Highway Operation and Protection Program and the State Transportation Improvement Program for the planning and implementation of projects in the Advance Mitigation Program. Mitigation credits or values generated or obtained with these funds may be used only for transportation improvements in the State Transportation Improvement Program or the State Highway Operation and Protection Program, and may be transferred to another agency, but only upon full reimbursement of the department pursuant to subdivision (b) of Section 800.6. (c) Upon the order of the Director of Finance, the Controller shall transfer the amount identified for the Advance Mitigation Program in subdivision (b), as determined by the department and the Department of Finance, to the Advance Mitigation Account in the State Transportation Fund. (d) The annual Budget Act and subsequent legislation may establish additional provisions and requirements for the program. (Amended by Stats. 2017, Ch. 95, Sec. 10. (SB 103) Effective July 21, 2017.)
  43. 800.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. )

    Verify source ↗

    This section defines terms used in the Advance Mitigation Program article.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. ) ## 800.5. For purposes of this article, the following terms have the following meanings: (a) “Acquire” and “acquisition” mean, with respect to land or a waterway, acquisition of fee title or purchase of a conservation easement that protects conservation and mitigation values on the land or waterway in perpetuity. (b) “Administrative draft natural community conservation plan” means a substantially complete draft of a natural community conservation plan that is released after January 1, 2016, to the general public, plan participants, and the department. (c) “Advance mitigation” means mitigation implemented before, and in anticipation of, environmental effects of planned transportation improvements. (d) “Commission” means the California Transportation Commission. (e) “Conservation easement” means a perpetual conservation easement that complies with Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code. (f) “Department” means the Department of Transportation. (g) “Mitigation credit agreement” means a mitigation credit agreement pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. (h) “Natural Communities Conservation Plan” means a plan developed pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. (i) “Planned transportation improvement” means a transportation project that a transportation agency has identified in a regional transportation plan, an interregional transportation plan, a capital improvement program, or other approved transportation planning document, excluding any project that is associated with or interacting with the high-speed rail program. A planned transportation improvement may include, but is not limited to, a transportation project that has been planned, programmed, proposed for approval, or that has been approved. (j) “Program” means the Advance Mitigation Program implemented pursuant to this article. (k) “Regional conservation investment strategy” means a regional conservation investment strategy approved by the Department of Fish and Wildlife pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. (l) “Regulatory agency” means a state or federal natural resource protection agency with regulatory authority over planned transportation improvements. A regulatory agency includes, but is not limited to, the Natural Resources Agency, the Department of Fish and Wildlife, California regional water quality control boards, the United States Fish and Wildlife Service, the National Marine Fisheries Service, the United States Environmental Protection Agency, and the United States Army Corps of Engineers. (m) “Transportation agency” means the department, a metropolitan planning organization, a regional transportation planning agency, or another public agency that implements transportation improvements. (n) “Transportation improvement” means a transportation capital improvement project. (Added by Stats. 2017, Ch. 95, Sec. 11. (SB 103) Effective July 21, 2017.)
  44. 800.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. )

    Verify source ↗

    This section limits use of Advance Mitigation Account funds to specified mitigation and conservation purposes and sets reporting and tracking duties for the department and the Department of Fish and Wildlife.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. ) ## 800.6. (a) The funds in the Advance Mitigation Account created in Section 800.7 shall be used only to do the following: (1) Purchase, or fund the purchase of, credits from mitigation banks, conservation banks, or in-lieu fee programs approved by one or more regulatory agencies. The department may also establish mitigation banks, conservation banks, or in-lieu fee programs, or fund the establishment of mitigation banks, conservation banks, or in-lieu fee programs, in accordance with applicable state and federal standards, if the department determines that those banks or in-lieu fee programs would provide appropriate mitigation of the anticipated potential impacts of planned transportation improvements identified pursuant to Section 800.8. (2) Pay, or fund the payment of, mitigation fees or other costs or payments associated with coverage for the department’s or other transportation agency’s projects under natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, or habitat conservation plans approved in accordance with the federal Endangered Species Act. The department shall, upon commencement of a regional conservation investment strategy pursuant to paragraph (3), provide written notification thereof to the executive administrative officer of any administrative draft natural community conservation plan, approved natural community conservation plan, or approved regional federal habitat conservation plan that overlaps the proposed area of the regional conservation investment strategy. (3) Prepare, or fund the preparation of, regional conservation assessments and regional conservation investment strategies. Where a regional conservation investment strategy has been approved by the Department of Fish and Wildlife, the department may do either of the following: (A) Enter into, or fund the preparation of, mitigation credit agreements with the Department of Fish and Wildlife; purchase credits from an established mitigation credit agreement; or implement, or fund the implementation of, conservation actions and habitat enhancement actions as needed to generate mitigation credits pursuant to those mitigation credit agreements. (B) Acquire, restore, manage, monitor, enhance, and preserve lands, waterways, aquatic resources, or fisheries, or fund the acquisition, restoration, management, monitoring, enhancement, and preservation of lands, waterways, aquatic resources, or fisheries that would measurably advance a conservation objective in the regional conservation investment strategy if the department concludes that the action or actions could conserve or create environmental values that are appropriate to mitigate the anticipated potential impacts of planned transportation improvements. (4) Where the advance mitigation mechanisms in paragraphs (1) to (3), inclusive, are not practicable, the department may implement advance mitigation, or fund the implementation of advance mitigation, in accordance with a programmatic mitigation plan pursuant to Section 800.9. No more than 25 percent of the funds in the Advance Mitigation Account may be allocated for this purpose over a four-year period. (b) The department may use, or allow other transportation agencies to use, mitigation credits or values generated or obtained under the program to fulfill the mitigation requirements of planned transportation improvements if the applicable transportation agency reimburses the program for all costs of purchasing or creating the mitigation credits or values, as determined by the department. Those costs shall be calculated using total cost accounting and shall include, as applicable, land acquisition or conservation easement costs, monitoring and enforcement costs, restoration costs, transaction costs, administrative costs, contingency costs, and land management, monitoring, and protection costs. (c) The department shall track all implemented advance mitigation projects to use as credits for environmental mitigation. (d) Projects or plans prepared pursuant to this section that overlap with any approved natural community conservation plan or approved regional federal habitat conservation plan, shall be consistent with that plan and shall include an explanation of whether and to what extent they are consistent with any overlapping state or federal recovery plan, or other state-approved or federal-approved conservation strategy. (e) Mitigation credits created pursuant to this section may be used for covered activities under an approved natural community conservation plan only in accordance with the requirements of the plan. Individuals and entities eligible for coverage as a participating special entity under an approved natural community conservation plan may use mitigation credits created pursuant to this section only if the plan’s implementing entity declines to extend coverage to the covered activity proposed by the eligible individual or entity. (f) By July 1, 2019, and biennially thereafter, the department, pursuant to Section 9795 of the Government Code, and notwithstanding Section 10231.5 of the Government Code, shall submit to the Legislature a report that describes to what extent the Advance Mitigation Program has accelerated the delivery of transportation projects. At a minimum, the report shall include the following: (1) An accounting of the Advance Mitigation Account funds. (2) Identification of expected state and federal resource and regulatory agency mitigation requirements for transportation projects utilizing the Advance Mitigation Program. (3) A discussion of the extent that those requirements are satisfied using advance mitigation credits. (4) The use of funds to prepare, or to fund the preparation of, regional conservation assessments and regional conservation investment strategies. (5) Recommendations for maximizing the ability of the Advance Mitigation Program to satisfy state and federal mitigation requirements. (g) By July 1, 2018, or one year after the initial Advance Mitigation Program investments have begun, whichever is earlier, and biennially thereafter, the Department of Fish and Wildlife shall, pursuant to Section 9795 of the Government Code, and notwithstanding Section 10231.5 of the Government Code, submit a report to the Legislature that describes the extent to which the Advance Mitigation Program has improved the quality and effectiveness of habitat mitigation provided by the department for transportation projects and makes related recommendations on how to maximize these attributes. The report shall also include recommendations on how to maximize the quality and effectiveness of habitat mitigation developed pursuant to the Advance Mitigation Program. (h) Nothing in this article shall be construed to impose any restrictions or requirements on the department for activities that do not involve the utilization of Advance Mitigation Account funds. Nothing in this article shall be construed to require the department to use the Advance Mitigation Program. (i) Prior to making any expenditure from the Advance Mitigation Account, the Director of Transportation shall make a determination and justification that the proposed expenditure is likely to accelerate project delivery of specific projects. (Amended by Stats. 2022, Ch. 463, Sec. 10. (AB 2805) Effective January 1, 2023.)
  45. 800.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. )

    Verify source ↗

    Creates the Advance Mitigation Account, makes it continuously appropriated for the Advance Mitigation Program, and requires reporting of the account’s activity to the commission.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. ) ## 800.7. The Advance Mitigation Account is hereby created in the State Transportation Fund as a revolving fund. Notwithstanding Section 13340 of the Government Code, the account shall be continuously appropriated without regard to fiscal years for purposes of the Advance Mitigation Program. The activity of the account shall be reported to the commission. The program is intended to become self-sustaining. Expenditures from the account shall later be reimbursed from project funding available at the time a planned transportation project is constructed. (Added by Stats. 2017, Ch. 95, Sec. 13. (SB 103) Effective July 21, 2017.)
  46. 800.8.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. )

    Verify source ↗

    This section says the program is only for improving mitigation efficiency and does not replace CEQA or other environmental laws.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. ) ## 800.8. The program is intended to improve the efficiency and efficacy of mitigation only and is not intended to supplant the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resource Code) or any other environmental law. The identification of planned transportation projects and of mitigation projects or measures for planned transportation projects under this article does not imply or require approval of those projects for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resource Code) or any other environmental law. (Added by Stats. 2017, Ch. 95, Sec. 14. (SB 103) Effective July 21, 2017.)
  47. 800.9.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. )

    Verify source ↗

    The department may develop a programmatic mitigation plan for the Advance Mitigation Program. Any such plan must, to the maximum extent practicable, include the information required for regional conservation investment strategies.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2.5. Advance Mitigation Program [800 - 800.9] ( Article 2.5 added by Stats. 2017, Ch. 5, Sec. 35. ) ## 800.9. The department, pursuant to this article and for the purpose of implementing the Advance Mitigation Program, may develop a programmatic mitigation plan pursuant to Section 169 of Title 23 of the United States Code to address the potential environmental impacts of future transportation projects for the purpose of required mitigation approved by federal, state, and local agencies. The programmatic mitigation plans shall include, to the maximum extent practicable, the information required for regional conservation investment strategies. (Added by Stats. 2017, Ch. 95, Sec. 15. (SB 103) Effective July 21, 2017.)
  48. 8000.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This part may be cited as the Change of Grade Act of 1909.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8000. This part may be cited as the Change of Grade Act of 1909. (Added by Stats. 1941, Ch. 79.)
  49. 8001.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This part must be interpreted liberally to carry out its purposes.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8001. This part shall be liberally construed in order to effectuate its purposes. (Added by Stats. 1941, Ch. 79.)
  50. 8002.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “City” includes all corporations organized and existing for municipal purposes.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8002. “City” includes all corporations organized and existing for municipal purposes. (Added by Stats. 1941, Ch. 79.)
  51. 8003.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    For this code section, “city council” and “council” also mean any body that is, by law, the legislative department of a city.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8003. “City council” and “council” include any body which by law is the legislative department of the government of the city. (Added by Stats. 1941, Ch. 79.)
  52. 8004.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “Clerk” and “city clerk” includes any person or officer who is clerk of the city council.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8004. “Clerk” and “city clerk” include any person or officer who is clerk of the city council. (Added by Stats. 1941, Ch. 79.)
  53. 8005.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This section defines “street superintendent” and lets a city’s legislative body designate another officer or board to do those duties if no street superintendent exists.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8005. “Street superintendent” includes any person, officer or board whose duty it is under the law to have the care or charge of streets, or the improvement thereof, in any city. In any city in which there is no street superintendent, or no such board, the legislative body may designate some other officer or board to perform the duties imposed by this part on the street superintendent, and all the provisions hereof applicable to the street superintendent shall apply to the officer or board so designated. (Added by Stats. 1941, Ch. 79.)
  54. 8006.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “Street” includes a public street, lane, alley, court, or other place.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8006. “Street” includes public street, lane, alley, court, or other place. (Added by Stats. 1941, Ch. 79.)
  55. 8007.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    For this code section, “ordinance” also means a resolution.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8007. “Ordinance” includes resolution. (Added by Stats. 1941, Ch. 79.)
  56. 8008.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    An officer who must have notice published or posted must obtain and file the proof affidavits in his office.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8008. Proof of publication of any notice required by this part shall be made by affidavit, as provided in the Code of Civil Procedure, and proof of the posting of any such notice shall be made by the affidavit of the person posting the notice, setting forth the facts regarding such posting. Any officer who is required by this part to have any notice published or posted shall obtain and file in his office the affidavits in proof thereof but his failure so to do shall not affect the validity of any proceedings under this part. Any such affidavit so filed shall be prima facie evidence of the facts therein stated regarding such publication or posting. (Added by Stats. 1941, Ch. 79.)
  57. 8009.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This section says the part provides an alternative procedure for changing or modifying street grades in cities, and that it applies exclusively to proceedings started under this part.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [8000 - 8009] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 8009. This part provides an alternative system of proceedings for changing or modifying the grades of streets in cities; and the provisions of this part shall not apply to or affect any other provisions of this code. When any proceedings are commenced under this part, the provisions of this part, and no other, shall apply to such proceedings. (Added by Stats. 1941, Ch. 79.)
  58. 8020.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A city council may change or modify the grade of streets in its city, following the procedure in this part.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 8020. The city council of any city may change or modify the grade of streets therein, in the manner provided in this part. (Added by Stats. 1941, Ch. 79.)
  59. 8021.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The city council must state its decision to proceed under this part in the ordinance of intention for a grade change.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 8021. The election of the city council to proceed under the provisions of this part shall be expressed in its ordinance of intention to order any change or modification of grade. (Added by Stats. 1941, Ch. 79.)
  60. 8022.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    Before a change in grade is ordered, the city council must pass an ordinance of intention.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 8022. Before any change or modification of grade is ordered, the city council shall pass an ordinance of intention to order such change or modification of grade. The ordinance of intention shall name or otherwise designate the street the grade of which, or any portion of which is proposed to be changed or modified, and shall set forth the change or modification of grade proposed to be made. One or more streets or portions thereof may be included in the same ordinance of intention. (Added by Stats. 1941, Ch. 79.)
  61. 8023.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The ordinance of intention must be posted for two days and published by two newspaper insertions, or if no qualifying newspaper exists, posted in designated public places.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 8023. The ordinance of intention shall be posted conspicuously for two days on or near the chamber door of the city council, and shall be published by two insertions in a daily or weekly newspaper published and circulated in the city, and designated by the council for that purpose. If no such newspaper is published and circulated in the city, the ordinance of intention shall be posted for two days on or near the council chamber door, and in two other public places in the city. (Added by Stats. 1941, Ch. 79.)
  62. 8024.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The street superintendent must post copies of the notice of the ordinance of intention along the affected streets.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 8024. The street superintendent shall thereupon cause copies of the notice of the passage of the ordinance of intention to be conspicuously posted along all streets or portions thereof designated in the ordinance of intention, where such change or modification of grade is proposed to be made, at not more than 100 feet in distance apart, but not less than three notices in all. (Added by Stats. 1941, Ch. 79.)
  63. 8025.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The notice must be titled “Notice of Change of Grade” in letters at least one inch high.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 8025. The notice shall be headed “Notice of Change of Grade,” in letters of not less than one inch in height, and shall in legible characters state the fact of the passage of the ordinance of intention, its date, the name or other designation of the street or portion thereof the grade of which is proposed to be changed or modified, and shall refer to the ordinance of intention for further particulars. (Added by Stats. 1941, Ch. 79.)
  64. 8026.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The street superintendent must arrange publication of a notice, using a daily newspaper if available, otherwise a weekly newspaper, and if no newspaper exists, by posting the notice in public places.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. The Ordinance of Intention [8020 - 8026] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 8026. The street superintendent shall also cause a notice similar in substance to be published for six days in a daily newspaper published and circulated in the city, and designated by the city council for that purpose, or in cities in which there is no daily newspaper, he shall cause the notice to be published by two insertions in a weekly newspaper so published, circulated and designated. If there is no daily or weekly newspaper published in the city, the notice shall be posted for six days on or near the council chamber door, and in two other public places in the city. (Added by Stats. 1941, Ch. 79.)
  65. 8040.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A property owner fronting a street where a grade change is proposed may file a written protest with the city council clerk within 30 days after notice is first published or posted.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8040. Any person owning any real property fronting upon any street or portion thereof on which such change or modification of grade is proposed to be made, may, within 30 days after the first publication of the notice of the passage of the ordinance of intention, or within 30 days after the first posting thereof if no publication thereof is made, file with the clerk of the city council a written protest against such proposed change or modification of grade. (Added by Stats. 1941, Ch. 79.)
  66. 8041.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A protest must identify each signer’s property, include a signer’s affidavit if more than one person signs, and include an agent’s affidavit if a signature was made by an agent.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8041. Every protest shall contain a description of the property owned by each signer thereof, sufficient to identify the property, and if signed by more than one person, shall be accompanied by the affidavit of one of the signers that each signature thereto is the genuine signature of the person whose name purports to be thereto subscribed. If any signature is made by an agent, there shall be attached to the protest the affidavit of the agent that he is duly authorized to sign such protest. Any protest which does not comply with the foregoing requirements shall not be considered by the city council. (Added by Stats. 1941, Ch. 79.)
  67. 8042.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The city council clerk must date-stamp every protest when it is filed and present all filed protests to the city council at the next regular meeting after the filing period ends.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8042. The clerk of the city council shall indorse on every protest the date it is filed with him and at the next regular meeting of the city council after the expiration of the time for filing protest, shall present to the city council all protests so filed with him. (Added by Stats. 1941, Ch. 79.)
  68. 8043.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If majority protests are filed against a proposed grade change, further proceedings on that ordinance are barred for six months unless a majority of frontage owners petition for the same change in the meantime.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8043. If the city council finds that such protests are signed by the owners of a majority of the frontage of the property fronting on the street or portion thereof on which the change or modification of grade is proposed to be made, all further proceedings under the ordinance of intention shall be barred for six months from and after the filing of such majority protests, except as provided in this chapter, unless the owners of a majority of such frontage shall in the meantime petition the same change or modification of grade to be made. A new ordinance of intention to make a different change or modification of grade of the same street or portion thereof may be passed at any time. (Added by Stats. 1941, Ch. 79.)
  69. 8044.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A proposed grade change is not blocked by protests unless the protests are signed by owners of a majority of the total frontage on all affected streets.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8044. If the ordinance of intention designates any street or portion thereof, the grade of which is proposed to be changed or modified, and there is included in the ordinance of intention any other street or portion thereof, intersecting therewith or terminating therein, the grade of which is also proposed to be changed or modified, neither proposed change or modification of grade shall be barred by any protests unless such protests are signed by the owners of a majority of the total frontage of the property fronting on all such streets or portions thereof where such change or modification of grade is proposed to be made. (Added by Stats. 1941, Ch. 79.)
  70. 8045.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If the city council makes one of the listed findings, it must set a hearing date for the protests.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8045. If the city council finds that: (a) Such protests are not signed by the owners of a majority of the property fronting on the street or portion thereof on which such change or modification of grade is proposed to be made; or (b) The proposed change or modification of grade extends for a distance of not more than one block, and the grade of such street for at least one block thereof immediately adjacent to the block in which such change or modification of grade is proposed to be made, on each side thereof, has already been established; or (c) The proposed change or modification of grade extends for a distance of not more than one block at the end of a street, and the grade thereof for at least one block thereof immediately adjacent to such block has already been established, the city council shall thereupon fix a time for hearing such protests, which time shall be not less than 10 days after the meeting of the council at which such time is so fixed. (Added by Stats. 1941, Ch. 79.)
  71. 8046.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The city council must give notice of the hearing by newspaper publication or, if no newspaper is available, by posting in public places.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8046. Thereupon the city council shall cause notice of the time and place of such hearing to be published for two days in a daily newspaper published and circulated in the city, or by one insertion in a weekly newspaper so published and circulated. If no daily or weekly newspaper is published and circulated in the city, then the notice shall be posted for two days on or near the council chamber door, and in two other public places in the city. Such publication or posting shall be completed at least five days before the hearing. (Added by Stats. 1941, Ch. 79.)
  72. 8047.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The city council must hear and decide protests at the appointed hearing time or any continued hearing time.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8047. At the time and place appointed for the hearing of protests or at any time to which the hearing thereof may be continued, the city council shall hear and pass upon the protests, and its decision thereon shall be final and conclusive. If the protests are sustained, no further proceedings shall be had under the ordinance of intention but a new ordinance of intention to make the same or a different change or modification of grade may be passed at any time. If the protests are denied, the proceedings shall continue as if such protests had not been filed. (Added by Stats. 1941, Ch. 79.)
  73. 8048.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    For this part, certain people are treated as the owner of real property, including the fee owner, the recorded title holder, and some persons in possession under specified roles or a recorded purchase contract.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8048. Except as otherwise provided in this chapter, the person owning the fee or the person in whom, on the day any protest or petition is filed, the legal title to real property appears, by deed duly recorded in the county recorder’s office of the county in which the city is situated, shall be deemed to be the owner thereof for the purpose of this part. But any person in possession of real property as the executor, administrator, trustee, guardian, or other legal representative of the owner, or any person in possession of real property under a written contract of purchase duly recorded, shall be deemed to be the owner thereof for the purposes of this part. (Added by Stats. 1941, Ch. 79.)
  74. 8049.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    When a grade change is proposed on only one side of a street, only the owners of property fronting that side may file a protest. If the property is held in common, a cotenant’s protest counts only for the share of frontage matching that cotenant’s interest.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Protests and Hearing [8040 - 8049] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 8049. In the case of property held by tenancy in common, if any cotenant signs a protest under this part, only the proportionate share of the frontage thereof represented by his interest therein shall be counted in determining the amount of frontage represented by the protest. If the change or modification of grade proposed by the ordinance of intention is only on one side of any street or portion thereof, only the owners of the real proeprty fronting on the side of such street or portion thereof where such change or modification of grade is proposed to be made, shall be entitled to make or file a protest under the provisions of this part. (Added by Stats. 1941, Ch. 79.)
  75. 8060.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Ordering the Change of Grade [8060 - 8062] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If no protests are filed on time, or protests are denied after hearing, the city council must acquire jurisdiction and order the proposed grade change by ordinance.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Ordering the Change of Grade [8060 - 8062] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 8060. If no protests are filed within the time provided, or if protests are filed and after hearing are denied, as provided in this part, the city council shall acquire jurisdiction to order to be made and shall by ordinance order the change or modification of grade as proposed by and described in the ordinance of intention to be made. (Added by Stats. 1941, Ch. 79.)
  76. 8061.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Ordering the Change of Grade [8060 - 8062] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    An ordinance ordering a change or modification of grade must be published in a daily or weekly newspaper, or posted if no such newspaper exists in the city.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Ordering the Change of Grade [8060 - 8062] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 8061. The ordinance ordering the change or modification of grade shall be published by two insertions in a daily or by one insertion in a weekly newspaper published and circulated in the city. If no such newspaper is published and circulated therein, the ordinance shall be posted for two days on or near the council chamber door, and in two other public places in the city. (Added by Stats. 1941, Ch. 79.)
  77. 8062.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Ordering the Change of Grade [8060 - 8062] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This section says prior or future grade changes to a street do not stop later grade changes to that same street or portion of it.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 1. CHANGE OF GRADE ACT OF 1909 [8000 - 8062] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Ordering the Change of Grade [8060 - 8062] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 8062. If the grade of any street or portion thereof has been heretofore or is hereafter changed or modified, nothing in this part shall be construed to prevent any subsequent change or changes, modification or modifications of grade of any such street or portion thereof. (Added by Stats. 1941, Ch. 79.)
  78. 81.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    The commission must adopt a traversable highway as the state highway between the termini when the section’s conditions are met, and it may adopt a qualifying portion of a road.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 81. Except as is provided in Section 2109, whenever there exists between the termini of, and approximately on, any route included in the state highway system a traversable highway, the commission shall adopt the same as the state highway between such termini. The commission may adopt a portion of any such road if it determines that such portion is constructed to adequate standards and if such portion is contiguous to a portion of the state highway system presently being maintained by the department. If more than one such traversable highway exists, the commission shall determine and designate which of such highways shall constitute the state highway. The traversable highways thus selected and adopted shall be state highways in all respects the same as if originally constructed or acquired by the state, subject to all laws applicable to state highways. All acts and actions of the commission and the department with respect to the taking over and maintenance of such highways heretofore taken are hereby approved and ratified. (Amended by Stats. 1967, Ch. 1342.)
  79. 810.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Miscellaneous Provisions [810- 810.] ( Article 3 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county, city, or permanent road division may do certain work on a state highway in its area, but it must first get a department permit, obtain department approval for planned grades/elevations/curb lines/pavement, and restore damaged pavement.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Miscellaneous Provisions [810- 810.] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 810. Any county, city or permanent road division, within the limits of which there is a State highway, may do or order to be done on any such highway any paving, curbing, highway work or sewer work authorized by law. Such governmental unit shall first obtain from the department a permit to do any such work. All grades, elevations or curb lines sought to be established or pavement proposed to be constructed by any such governmental unit shall first be approved by the department. Such governmental unit shall restore, to the satisfaction of the department, any existing pavement which is damaged as a result of such work. (Enacted by Stats. 1935, Ch. 29.)
  80. 8100.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 1. General Provisions [8100 - 8101] ( Chapter 1 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    This part may be cited as the “Separation of Grade District Act.”

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 1. General Provisions [8100 - 8101] ( Chapter 1 added by Stats. 1949, Ch. 1147. ) ## 8100. The short title of this part is “Separation of Grade District Act.” (Added by Stats. 1949, Ch. 1147.)
  81. 8101.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 1. General Provisions [8100 - 8101] ( Chapter 1 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    This section defines key terms used in this part, including “project,” “district,” “county,” “board,” and “commission.”

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 1. General Provisions [8100 - 8101] ( Chapter 1 added by Stats. 1949, Ch. 1147. ) ## 8101. As used in this part: (a) “Project” means an overpass, underpass, or tunnel, or any combination thereof, at a single crossing, the planning, construction and maintenance of which is authorized by this part. (b) “District” means separation of grade district. (c) “County” means the county in which the district or proposed district is situated. (d) “Board” means board of supervisors of the county in which the district or proposed district is situated. (e) “Commission” means the commission provided in Chapter 3 of this part. (Amended by Stats. 1955, Ch. 1486.)
  82. 8115.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Separation of grade districts may be formed under this part, and if formed they must consist of contiguous areas within one county and include either one city plus unincorporated territory or two or more cities, with or without unincorporated territory.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8115. Separation of grade districts may be formed as provided in this part and may exercise the powers herein granted. Any such district shall consist of contiguous areas within a single county and shall include either a city and unincorporated territory or two or more cities with or without unincorporated territory. (Amended by Stats. 1957, Ch. 298.)
  83. 8116.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A county board must declare by resolution when it finds a grade-separation district is needed for resident safety and welfare.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8116. Whenever the board of any county finds that the safety and welfare of the residents of contiguous areas within the county require formation of a district to provide for a separation of grade, it shall by resolution so declare. If two or more cities are involved without any unincorporated territory no resolution shall be adopted under this section until the interested city councils request by resolution the adoption of such resolution. (Amended by Stats. 1957, Ch. 298.)
  84. 8117.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A resolution to form the district must include specified formation details, a hearing notice, and a local contact for inquiries.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8117. The resolution shall contain all of the following: (a) A statement of intention to form the district and of the necessity for and purpose of its formation. (b) A description of the unincorporated territory to be included. (c) A statement of the general location of the project or projects for the construction and maintenance of which the district is to be formed. (d) The name of the proposed district. (e) A statement of time and place at which objections to the formation of the district or to its extent will be heard, which time shall not be less than 30 days after the adoption of the resolution. (f) The name and telephone number of a local department or agency designated by the board of supervisors to answer inquiries regarding the hearing proceedings. (Amended by Stats. 1975, Ch. 968.)
  85. 8118.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The resolution must be published in a general-circulation newspaper in the proposed district, at least once a week for two weeks, and the first publication must be at least 20 days before the hearing.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8118. The resolution shall be published at least once a week for two weeks, at the discretion of the board, in a newspaper of general circulation published in the proposed district. The first publication shall be made at least twenty days prior to the date of the hearing. (Added by Stats. 1949, Ch. 1147.)
  86. 8119.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A hearing may be continued, by public declaration, for up to a total of 60 days, and no other notice of the continuance is required.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8119. The hearing may be continued from time to time and from place to place for not exceeding a total of sixty days by public declaration thereof, and no other notice of the fact of such continuance need be given. (Added by Stats. 1949, Ch. 1147.)
  87. 8120.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    At the hearing, the board must hear relevant and pertinent objections about formation of the district or its extent, and it may also hear arguments against those objections.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8120. At the hearing the board shall hear all relevant and pertinent objections to the formation of or extent of the district and may, in its discretion, hear arguments against the objections urged. (Added by Stats. 1949, Ch. 1147.)
  88. 8121.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The board must decide whether the proposed district will be formed and whether any unincorporated area should be excluded because it is not benefited.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8121. At the hearing, or within twenty days after the adjournment thereof, the board shall determine: (a) Whether the proposed district shall be formed. (b) What, if any, portion of the unincorporated area should be excluded from the district because not benefited by its formation. (Added by Stats. 1949, Ch. 1147.)
  89. 8121.5.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The board must exclude uninhabited farm acreage from the district.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8121.5. The board shall exclude uninhabited farm acreage from the district as not benefited. For the purpose of this section, “farm acreage” means any land which is under cultivation or which is being used for pasture or grazing at the time of the hearing. (Amended by Stats. 1953, Ch. 1230.)
  90. 8122.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    If the board decides the district will be formed, it must do so by resolution and complete several setup steps, including describing the district, naming it, calling an election, setting the election date and polling hours, and organizing precincts, polling places, and election officers.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8122. If the board determines that the district shall be formed, it shall by resolution: (a) Describe the territorial extent of the proposed district. (b) State the name of the proposed district. (c) Call an election to be held in the proposed district for the purpose of determining whether or not it is to be formed. (e) Fix the date of the election and the time the polls will be open. (f) Establish election precincts, designate polling places, and appoint election officers. (Added by Stats. 1949, Ch. 1147.)
  91. 8123.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The resolution must be published once a week for two weeks in a newspaper of general circulation in the proposed district.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8123. The resolution shall be published at least once a week for two weeks in a newspaper of general circulation published in the proposed district. The first publication shall be at least thirty days prior to the election. (Added by Stats. 1949, Ch. 1147.)
  92. 8124.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The election must be held and conducted under the county’s special-election law, except where that would conflict with this part.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8124. Except where inconsistent with the provisions of this part, the election shall be held and conducted as provided by law for the holding of special elections in the county. (Added by Stats. 1949, Ch. 1147.)
  93. 8125.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The election returns must be canvassed at the same time, in the same manner, and by the same officers as special elections in the county.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8125. The canvass of the returns of the election shall be made at the same time in the same manner and by the same officers as provided by law for special elections in the county. If the canvass is made by an officer other than the board, he shall transmit the results to the board, who shall thereupon declare the results of the election. (Added by Stats. 1949, Ch. 1147.)
  94. 8126.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    If the voting conditions are met, the board must declare the district organized by resolution and state its name and boundaries.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8126. If a majority of votes cast in each city and if a majority of votes cast in the unincorporated area within the proposed district are favorable, the board shall, by resolution, declare the district duly organized, state its name and describe its boundaries. (Amended by Stats. 1957, Ch. 298.)
  95. 8127.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A certified copy of the resolution must be recorded with the county recorder and filed with the Secretary of State.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 2. Formation of District [8115 - 8127] ( Chapter 2 added by Stats. 1949, Ch. 1147. ) ## 8127. A certified copy of the resolution shall be recorded in the office of the county recorder of the county in which the district is situated and filed with the Secretary of State. The organization shall thereupon be complete. (Amended by Stats. 1959, Ch. 504.)
  96. 8130.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    When the district is formed, the board must appoint a five-member commission if the district consists of one city and unincorporated territory.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. ) ## 8130. Upon the completion of the formation of the district, if the district is comprised of one city and unincorporated territory, the board shall appoint a commission composed of five members, three of whom shall be electors in the city and two of whom shall be electors in the unincorporated area within the district. (Amended by Stats. 1957, Ch. 298.)
  97. 8130.1.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    When a district is formed, the board must appoint a five-member commission in certain mixed-city/unincorporated districts, and city councils appoint commissioners in districts made up only of cities.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. ) ## 8130.1. Upon the completion of the formation of the district, if the district is comprised of two or more cities and unincorporated territory, the board shall appoint a commission composed of five members. The number of commissioners shall be so divided as to relate the number of commissioners from each unit as closely as possible to the proportion which the assessed valuation of that unit, as shown on the last equalized assessment roll of the county, bears to the total assessed valuation within the district at the time the district is formed, except that each unit shall have at least one commissioner. For the purposes of this section, all of the unincorporated area in the district shall be considered a single unit. If the district is comprised of two or more cities, without unincorporated territory, the appointment of commissioners shall be by the city councils of the respective cities, each such council appointing the number determined by the board as provided above. (Added by Stats. 1957, Ch. 298.)
  98. 8131.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The first commissioners must assign initial terms by lot, and later appointments are for four years.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. ) ## 8131. The commissioners first appointed shall so classify themselves by lot, that one member holds office for one year, one for two years, one for three years, and two for four years, thereafter appointments shall be for a four-year term. (Added by Stats. 1949, Ch. 1147.)
  99. 8132.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Each commissioner must serve until a successor has been appointed and qualified.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. ) ## 8132. Each commissioner shall serve until the appointment and qualification of his successor. Vacancies shall be filled for the unexpired term. (Added by Stats. 1949, Ch. 1147.)
  100. 8133.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Commissioners must meet within 20 days after appointment and choose a president, vice-president, and secretary.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. ) ## 8133. Within twenty days after their appointment, the commissioners shall meet and elect one member president, one member vice-president, and one member secretary. The terms of office of officers shall be one year. (Added by Stats. 1949, Ch. 1147.)
  101. 8134.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The commission may pay commissioners up to $100 per meeting, with a limit of two meetings per calendar month, and may reimburse necessary travel expenses if previously authorized.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 3. The Commission [8130 - 8134] ( Chapter 3 added by Stats. 1949, Ch. 1147. ) ## 8134. The commission is authorized to pay each commissioner an amount not to exceed one hundred dollars ($100) for each meeting of the commission attended by the commissioner, not exceeding two meetings during any one calendar month, together with expenses necessarily incurred by the commissioner in traveling between his or her place of residence and the place of meeting, and while traveling in connection with the business of the commission, when previously authorized by the commission. (Amended by Stats. 1986, Ch. 105, Sec. 1.)
  102. 8145.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 4. Powers and Duties of the Commission [8145- 8145.] ( Chapter 4 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The commission is given broad powers to run grade-separation projects, acquire property, contract, borrow, levy taxes, issue bonds, and hire needed personnel.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 4. Powers and Duties of the Commission [8145- 8145.] ( Chapter 4 added by Stats. 1949, Ch. 1147. ) ## 8145. The commission has all of the following powers: (a) To sue and be sued in its own name. (b) To adopt a seal. (c) To lay out, establish, construct, and maintain projects for separation of grade by underpass, overpass, or tunnel, or any combination thereof, over or under one or more city streets, county roads or highways, state highways, railroads, street railroads, or other intersecting means of transportation, or any combination thereof, within the district and, for this purpose, to acquire by purchase, gift, devise, condemnation, or otherwise, and pay for and hold real and personal property and rights of way within the district. As to any project that would involve a state highway, the commission shall obtain the approval of the department as to the plans, and the project shall be constructed pursuant to an agreement between the commission and the department, as may be provided in the agreement. As to any project that would involve a railroad or street railroad, the district shall be governed by Chapter 6 (commencing with Section 1201) of Part 1 of Division 1 of the Public Utilities Code and by any other applicable provisions of law; and for the purposes and within the meaning of Chapter 6 (commencing with Section 1201) of Part 1 of Division 1 of the Public Utilities Code, and for those purposes and meaning only, a “separation-of-grade district” is a “political subdivision” and the “commission” of a separation-of-grade district is the “legislative body” of a political subdivision. For the purposes of Chapter 10 (commencing with Section 2450) of Division 3, a separation-of-grade district is a “local agency” and the commission of a separation-of-grade district is the “legislative body” of a local agency. (d) To enter into an agreement with any city or county to provide for the relocation, redesign, or improvement of any street in the city or county directly affected by, or that is an integral part of, a separation-of-grade project. The district may expend funds pursuant to such an agreement. (e) To remove an obstacle to traffic flow that otherwise would require constructing a separation of grade. (f) To exercise the power of eminent domain to the full extent necessary to carry out this part. (g) To make and accept all contracts, deeds, releases, and documents of any kind that are necessary or proper to the exercise of any of the powers of the district. (h) To direct the payment of all lawful claims and demands against the district. (i) To levy and collect taxes as provided. (j) To borrow for the purpose of defraying general administrative and preliminary engineering expenses of the district prior to the time the money to be raised by the first tax levy for the district will be available, and to evidence that borrowing by nonnegotiable notes bearing interest at a rate to be fixed by the commission. The notes shall be signed by the president, and countersigned by the secretary, of the commission. The notes shall be payable from the first tax levy made by the district, and that tax levy shall contain a sum sufficient to provide for the payment of the notes and the interest on those notes. (k) To issue bonds as provided and to provide for their payment. (l) To employ all necessary engineers, surveyors, agents, and workers to do the work on, or in connection with, the project or projects in the district, and to contract for engineering services with any city within the district or with the county. (m) To do any and all things necessary or proper for the complete exercise of its powers and the accomplishment of the purpose for which it was formed. (Amended by Stats. 1998, Ch. 137, Sec. 2. Effective January 1, 1999.)
  103. 8160.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 5. Preliminary Plans and Surveys [8160 - 8161] ( Chapter 5 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Before starting a project or calling a bond election, the commission must hire engineers or contract for engineering services, and the engineers must prepare surveys, maps, specifications, and cost estimates.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 5. Preliminary Plans and Surveys [8160 - 8161] ( Chapter 5 added by Stats. 1949, Ch. 1147. ) ## 8160. Before the construction of any project, and before the calling of any election for the issuance of bonds, the commission shall employ one or more engineers, or contract for engineering services with any city within the district or with the county, who shall make all necessary surveys, and prepare maps showing the location, cross-section and profile of the proposed project. The engineer shall also prepare specifications for the construction of the project and estimates of the cost of construction and of acquiring rights of way. These surveys, maps, specifications and estimates shall, upon approval by the commission, be promptly adopted by order entered upon the minutes and filed with its secretary, and when so adopted shall constitute the plan of the district for the proposed project. (Amended by Stats. 1957, Ch. 298.)
  104. 8161.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 5. Preliminary Plans and Surveys [8160 - 8161] ( Chapter 5 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The commission may approve reasonable changes in project locations after the required surveys are completed and the engineers recommend them.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 5. Preliminary Plans and Surveys [8160 - 8161] ( Chapter 5 added by Stats. 1949, Ch. 1147. ) ## 8161. Notwithstanding the provisions of Section 8117, upon the completion of the surveys referred to in Section 8160 and upon recommendation of the engineer or engineers, in which recommendation shall be included the estimate of cost of each proposed improvement, the commission by resolution duly adopted and recorded in its minutes may approve any changes in the location or locations of the projects described by the board of supervisors in its resolution of intention to form the district, as to the commission may appear reasonable and proper under the circumstances. The said resolution shall set forth the reasons for such changes or additions and the cost of each project as recommended in the engineer’s report. (Added by Stats. 1955, Ch. 1486.)
  105. 8190.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The commission may call an election after a project plan is adopted or a construction contract is let.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. ) ## 8190. At any time after the adoption of a plan for a project or the letting of a contract for the construction of the whole or any portion of the project, the commission may, by order entered in its minutes, call an election for the purpose of determining whether bonds should be issued for the acquisition of rights of way for and the construction of such project and for the payment of such contract. (Added by Stats. 1949, Ch. 1147.)
  106. 8191.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The order must set the election day, describe each project, state each bond amount, and explain that bond proceeds may be used only for rights-of-way and construction.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. ) ## 8191. The order shall fix the day of the election, shall describe the exact location of each project for which bonds are to be issued, shall specify the amount of the bond issue for each project, and shall state in general terms that the money raised from the sale of the bonds for each project shall be used only for the acquisition of rights-of-way for and the construction of, the project for which bonds shall have been issued. If the election is called for the payment of a contract entered into by the commission the order shall state the terms of the contract in such manner as will advise the electors of its contents. Any money raised by means of a bond issue which remains on hand after the acquisition of rights-of-way and construction have been completed, shall be expended in the betterment and maintenance of the project for which the bonds have been voted or for payment on the principal of the bonds. (Amended by Stats. 1963, Ch. 876.)
  107. 8192.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The election notice must be given as provided in Section 8123, and the election must be conducted like an election to approve formation of the district, except that the commission performs the board’s duties.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. ) ## 8192. Notice of the election shall be given in the manner and for the time provided for in Section 8123. The election shall be held and conducted in the same manner as provided for holding and conducting an election for approval of the formation of the district, except that the commission shall perform the duties prescribed for the board. (Added by Stats. 1949, Ch. 1147.)
  108. 8192.5.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    At the election, each project must be submitted as a separate ballot proposition with its exact location and the amount of bonds to be issued for it.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. ) ## 8192.5. On the ballot at the election each project shall be submitted as a separate proposition, together with a description of the exact location of the project and a statement of the amount of bonds to be issued for the project. (Added by Stats. 1955, Ch. 1486.)
  109. 8193.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    After the vote is counted and announced, election officers must seal and deliver the ballots and election returns to the commission secretary, and the commission must canvass the returns at its next meeting and record the result in its minutes.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. ) ## 8193. After the vote has been counted and the result announced by the election officers, the ballots shall be sealed up and delivered to the secretary of the commission, with the election returns. The commission shall at its next meeting canvass the returns and enter the result upon its minutes. This entry in the minutes is conclusive evidence of the fact and regularity of all prior proceedings required by this part and of the facts stated in the entry. (Added by Stats. 1949, Ch. 1147.)
  110. 8194.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    If two-thirds or more of votes favor the bond proposition, the commission must issue and sell the bonds. If the bond result is against issuance, no new election on the same defeated project may be called or held for one year.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. ) ## 8194. If at the election two-thirds, or more, of the votes cast on a proposition are in favor of the issuance of bonds for the project described in the proposition for which bonds are proposed to be issued, the commission is authorized to and shall issue and sell the bonds as proposed in the order calling the election for such project. If the result of the election is against the issuance of bonds for any or all projects, no other election upon the same project or projects defeated in such election shall be called or held for one year after such election. (Amended by Stats. 1955, Ch. 1486.)
  111. 8195.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A project may be built with tax revenue instead of bonds if two-thirds or more of the votes at a purpose-specific election authorize it.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 7. Approval of Construction Plans [8190 - 8195] ( Chapter 7 added by Stats. 1949, Ch. 1147. ) ## 8195. A project may be constructed with money raised by taxation instead of a bond issue if authorized by two-thirds, or more, of the votes cast at an election called for the purpose of determining if the project shall be so constructed. Elections called to authorize the construction of projects with money raised by taxation shall be called and held in the same manner as is provided for bond elections. (Added by Stats. 1949, Ch. 1147.)
  112. 82.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    When a traversable highway is adopted as a state highway under Section 81, written notice of that action must be given to the relevant county boards of supervisors and city councils.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 82. Whenever a traversable highway is adopted as a state highway as provided in Section 81, written notice of such action shall be given to the board of supervisors of each county and to the city council of each city within which such highway or any portion thereof is located. The filing of a certified copy of the resolution or order of the commission with the local authority shall be a sufficient notice of the action of the commission. (Added by Stats. 1947, Ch. 436.)
  113. 820.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    California assents to federal highway-aid and related cooperative highway work rules, and conflicting state rules do not apply to that work.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 820. The State of California assents to the provisions of Title 23 of the United States Code, as amended and supplemented, other acts of Congress relative to federal aid, or other cooperative highway work, or to emergency construction of public highways with funds apportioned by the government of the United States. All work done under the provisions of Title 23 or other acts of Congress relative to highways shall be performed as required under acts of Congress and the rules and regulations promulgated thereunder. Laws, or rules and regulations, of this state inconsistent with the laws, or rules and regulations, of the United States, shall not apply to that work, to the extent of the inconsistency. (Amended by Stats. 2003, Ch. 525, Sec. 36. Effective January 1, 2004.)
  114. 820.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    California consents to federal-court jurisdiction over certain highway responsibilities, waives immunity in related federal actions, and the department may not delegate those responsibilities to state subdivisions or instrumentalities.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code. (b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived. (c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities. (d) This section does not affect the obligation of the department to comply with state and federal law. (Amended by Stats. 2019, Ch. 160, Sec. 1. (AB 252) Effective January 1, 2020.)
  115. 820.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department may make agreements with the United States for highway work, related rights-of-way, and other engineering services, if reimbursement conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 820.5. The department may enter into agreements with authorized officials of the United States for the performance of street or highway construction, improvement, or maintenance projects, including the acquisition of necessary rights-of-way therefor, for military, naval, access, and tactical highways, including highways providing access to timber or other natural resources, regardless of whether or not such highways are on the state highway system. As to any project not on the state highway system, such agreement shall provide for full reimbursement to the department, except for general administrative and administrative engineering expenses. As to any such street or highway, the department and the commission are, and each of them is, authorized to do any and all things in connection therewith as may be done with reference to the state highways. The commission may adopt resolutions authorizing condemnation of property necessary for such highways with like effect as it may with reference to state highways. All provisions of this article shall apply to any work done by the department under any such agreement. If desired by the United States, title to any real property, or interest therein, acquired by the department in connection with any such street or highway which is not a part of the state highway system may be transferred to the United States, or any agency thereof, by a conveyance executed on behalf of the State of California by the director. Such conveyance shall only be made in the event the state has been fully reimbursed for any expenditures made in connection with the acquisition of such property or interest therein. Upon completion of the construction of any such highway which is not a state highway, it shall forthwith be turned over to the United States for maintenance and control, if the United States will accept the highway. If the United States will not accept the maintenance and control thereof, such highway shall become a city street or county highway, as the case may be, upon the passage by the commission of a resolution to that effect. The department may enter into like agreements with authorized officials of the United States to furnish other engineering services, such as laboratory services, upon the condition that the state shall be reimbursed in full therefor. (Amended by Stats. 1980, Ch. 777, Sec. 73.)
  116. 8205.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Bonds must be issued in denominations set by the commission, but each bond must be at least $100 and no more than $1,000.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. ) ## 8205. All bonds shall be issued in such denominations as the commission may determine, except that they shall be not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (Added by Stats. 1949, Ch. 1147.)
  117. 8206.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The bonds must be payable in lawful U.S. money, earn no more than 6% interest per year, and be repaid in at least one-thirtieth annual installments starting within five years of the bond issue.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. ) ## 8206. All bonds shall be payable in lawful money of the United States at the office of the county treasurer of the county, and shall bear interest at a rate not to exceed 6 percent per annum, which shall be payable semiannually. Not less than one-thirtieth part of the total issue of bonds shall be payable each year, commencing not more than five years after the date of the bond issue. (Added by Stats. 1949, Ch. 1147.)
  118. 8207.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The bonds must be signed and countersigned, numbered in maturity order, and have coupons attached with the secretary’s facsimile signature.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. ) ## 8207. The bonds shall be signed by the president and countersigned by the secretary of the commission. They shall be numbered consecutively in the order of their maturity, and shall have coupons attached attested by the facsimile signature of the secretary. (Added by Stats. 1949, Ch. 1147.)
  119. 8208.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The commission may sell the bonds, but it cannot sell any bond below face value.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. ) ## 8208. The bonds may be sold by the commission in such manner and such quantities as it may determine, but no bond shall be sold for less than its face value. (Added by Stats. 1949, Ch. 1147.)
  120. 8209.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Bond sale proceeds must be deposited with the county treasurer and placed into a named county fund, and the money in that fund must be used only for the purposes stated in the bond election order.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. ) ## 8209. The proceeds of the sale of the bonds shall be deposited with the county treasurer and shall be placed by him in a fund in the county treasury to be called the ____ Separation of Grade District Fund (naming it). The money in the fund shall be used for the purposes indicated in the order calling the election at which the issuance of the bonds was authorized. (Added by Stats. 1949, Ch. 1147.)
  121. 821.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department must submit required project statements and file approved plans, specifications, and estimates in its office; it may also agree with U.S. officials on the work’s kind, quality, and extent.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 821. The department, on behalf of the State, shall submit to the Secretary of Agriculture, or other properly authorized officer of the United States, such project statements as may be required and may agree with the proper officials of the United States as to the kind, quality, and extent of all such work. The department shall file in its office all approved plans, specifications, and estimates. (Repealed and added by Stats. 1955, Ch. 76.)
  122. 8210.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Certain public and institutional funds may invest in or lend on the security of the district’s bonds.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 8. The Bond Issue [8205 - 8210] ( Chapter 8 added by Stats. 1949, Ch. 1147. ) ## 8210. The bonds shall be legal investment: for all trust funds; the funds of all insurance companies, banks, and trust companies; the state school funds, and for all sinking funds under the control of the State Treasurer; and whenever any moneys may by law now or hereafter enacted be invested in or loaned upon the security of bonds of states, counties or school districts in the State, such moneys may be invested or loaned on the security of the bonds of such district. (Added by Stats. 1949, Ch. 1147.)
  123. 822.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department may do necessary acts for agreements involving military or public streets or highways in this state, including building or improving roads outside the State Highway System.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 822. The department is authorized to do any and all acts and things with reference to any military or public street or highway in, or to be constructed in, this State necessary to the performance of any such agreement, including but not limited to the construction or improvement of streets, highways or roads which are not a part of the State Highway System. (Repealed and added by Stats. 1955, Ch. 76.)
  124. 822.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department and counties or cities may make agreements about acquiring property and building, improving, and maintaining highways. The department may also acquire needed real property for such a highway when a written agreement authorizes it.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 822.5. Agreements are authorized between the department and any county, or counties, or city, or cities, providing for the acquisition of property for, the construction, improvement and maintenance of any highway, including those not in the State Highway System, and those lying partly within and partly without the boundaries of the State, to be constructed with federal aid. The department may, when authorized by any such written agreement, acquire for the county or city, as the case may be, any real property within the State required for any such highway which is not in the State Highway System. (Repealed and added by Stats. 1955, Ch. 76.)
  125. 8220.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The commission must give the county board of supervisors and auditor a written annual estimate by August 1 of the money needed to be raised by taxation for the district next fiscal year.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. ) ## 8220. Annually on or before August 1st, the commission shall furnish to the board of supervisors and auditor of the county an estimate in writing of the amount of money necessary to be raised by taxation for the purposes of the district for the ensuing fiscal year. The amount shall be sufficient to pay: (a) The interest on all outstanding bonds of the district which will become due during the ensuing fiscal year. (b) The principal of all outstanding bonds of the district which will mature during the ensuing fiscal year. (c) The amount necessary to pay the contract price of any contract which was to be paid by a tax levied on the real property within the district as herein provided. (d) The estimated cost of repairs and maintenance of the project and the running expenses of the district. (e) The amount necessary for preliminary engineering and other expenses incurred prior to the issuance and sale of bonds. (f) In the first tax levy, the amount, if any, required to be raised to pay principal of or interest on any notes issued by the district as authorized herein. (Amended by Stats. 1970, Ch. 17.)
  126. 8221.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The board of supervisors must annually levy a tax on real property in the district.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. ) ## 8221. Annually at the time of levying county taxes, the board of supervisors shall levy a tax upon the real property within the district. The rate shall be such as will produce, after due allowance for delinquency, the amount determined as necessary to be raised by taxation on the secured roll. The tax rate so levied shall apply to the real property within the district as it appears on the assessment roll of the county. (Amended by Stats. 1970, Ch. 17.)
  127. 8222.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    The county auditor must compute and enter the levied tax on the assessment roll, and if the board does not levy it, the auditor must do so.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. ) ## 8222. The tax so levied shall be computed and entered on the assessment roll by the county auditor, and if the board fails to levy the tax the auditor shall do so. The tax shall be collected at the same time and in the same manner as county taxes, and when collected shall be paid into the county treasury for the use of the district. The provisions of law prescribing the manner of levying and collecting county taxes and the duties of the several county officers with respect to taxation are, so far as they are not in conflict with this chapter, applicable to taxation under this chapter. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this chapter. (Added by Stats. 1949, Ch. 1147.)
  128. 8223.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Money raised by taxation authorized by this chapter belongs to the district.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9. Levy and Collection of Taxes [8220 - 8223] ( Chapter 9 added by Stats. 1949, Ch. 1147. ) ## 8223. All money raised by taxation which is authorized by this chapter shall belong to the district. (Added by Stats. 1949, Ch. 1147.)
  129. 823.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    State Highway Account money may be used by the department for agreed street or highway construction or improvement projects with authorized U.S. officers.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 823. In addition to the purposes for which the moneys in, and to be received in, the State Highway Account have been appropriated, all of the moneys, or so much thereof as may be necessary, is hereby appropriated to, and may be expended by the department for, the performance of such street or highway construction or improvement projects as are agreed upon with the properly authorized officers of the United States, including projects on public or military highways in the State of California which are not a part of the state highway system. As to such projects on streets or highways which are not a part of the state highway system, such expenditures shall be limited to those items for which the Government of the United States has agreed, and is obligated, to reimburse the state in full, except that the general administrative and administrative engineering expense for which the Federal Government will not repay the state is properly chargeable to the general administration of the department. (Amended by Stats. 1980, Ch. 777, Sec. 74.)
  130. 823.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department may maintain certain non-state-highway streets or highways only when specified project, funding, agreement, failure-to-maintain, and federal-demand conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 823.5. The department may maintain any street or highway which is not a part of the state highway system whenever all of the following facts exist: (a) The department has performed upon such street or highway a construction or improvement project. (b) Such project was financed, in whole or in part, by moneys contributed by the government of the United States. (c) Either the governmental agency having jurisdiction over such street or highway, or in the case of annexed areas, the county prior to such annexation, has agreed either with the State of California, acting by and through the department, or with the United States to maintain such street or highway to the satisfaction of the authorized agents of the United States. (d) The governmental agency having jurisdiction over such street or highway has failed to so maintain such street or highway, and the authorized agents of the United States have demanded of the department that such street or highway be maintained in accordance with such agreement. The department shall carefully segregate all items of cost of such maintenance, including not to exceed 10 percent for overhead and administration. In the event the governmental agency having jurisdiction over such street or highway is a county or city, the director shall notify the State Controller of the expenditures by the department on such street or highway. The State Controller thereupon shall deduct from the succeeding apportionments to such county or city from the Highway Users Tax Account in the Transportation Tax Fund the amount certified by the director and shall place such amount in the State Highway Account. (Amended by Stats. 1980, Ch. 777, Sec. 75.)
  131. 8230.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9.5. Claims [8230- 8230.] ( Chapter 9.5 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the district are handled under specified Government Code parts, unless other expressly applicable statutes or regulations provide otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 9.5. Claims [8230- 8230.] ( Chapter 9.5 added by Stats. 1959, Ch. 1727. ) ## 8230. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  132. 8235.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 10. District Funds [8235 - 8236] ( Chapter 10 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    District funds must be deposited with the county treasury, and the county treasurer must receive, credit, and safeguard them.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 10. District Funds [8235 - 8236] ( Chapter 10 added by Stats. 1949, Ch. 1147. ) ## 8235. The treasury of the county in which the district is situated shall be the depository for the funds of the district. The county treasurer shall receive and receipt for the funds of the district, and shall place all such funds to the credit of the district. He shall be responsible upon his official bond for their safekeeping and proper disbursement. (Added by Stats. 1949, Ch. 1147.)
  133. 8236.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 10. District Funds [8235 - 8236] ( Chapter 10 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    This section creates three district funds and limits how the treasurer may pay district money and report fund information.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 10. District Funds [8235 - 8236] ( Chapter 10 added by Stats. 1949, Ch. 1147. ) ## 8236. The following funds are hereby established in the county treasury to which the money belonging to the district and raised by taxation shall be apportioned by the treasurer: (a) Bond fund. (b) Construction and maintenance fund. (c) District expense fund. The treasurer shall pay out district funds only upon warrants of the commission signed by the president and attested by the secretary, except that all bonds and coupons shall be paid on presentation by the county treasurer out of the bond fund without warrant. Upon request of the commission or its secretary the treasurer shall report in writing to the commission the amount of money in the various funds, the amount of receipts since his last report, and the amounts paid out. (Added by Stats. 1949, Ch. 1147.)
  134. 8237.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 11. Transfer of Projects [8237- 8237.] ( Chapter 11 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    After a project is completed, the commission may convey the district’s interest in it to the city or county if the local governing body agrees to accept the conveyance and maintain the project.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 11. Transfer of Projects [8237- 8237.] ( Chapter 11 added by Stats. 1949, Ch. 1147. ) ## 8237. After any project has been completely constructed the commission may at its option convey all the right, title and interest of the district in and to that project to the city in which the project was constructed or county if the project is in an unincorporated area; provided, the governing body of the city or county consents to and accepts the conveyance, and agrees to maintain the project. All projects so conveyed shall be held by the city or county without any further liability or responsibility on the part of the district. No such conveyance shall affect the liability of the district for any bonds previously issued by the district. (Amended by Stats. 1957, Ch. 298.)
  135. 824.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    Certain State Highway Account expenditures tied to reimbursable federal projects are treated as state advancements, not as state-fund expenditures.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 824. Expenditures made from the State Highway Account, to the extent to which the United States is obligated by a project agreement to reimburse the state, shall be considered as advancements made by this state for performance on behalf of the United States and shall not be considered as expenditures of state funds. Such advancements are not subject to any provisions of law relative to allocation of State Highway Account moneys. Such advancements shall be excluded in making the computations required by Section 11274 of the Government Code and the amount of such advancements made, and to be so excluded during any given period of time, shall be deemed to be equal to the amount received from the Government of the United States as reimbursement for street or highway projects and deposited in the State Treasury during that period of time. (Amended by Stats. 1980, Ch. 777, Sec. 76.)
  136. 825.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    Funds available from the Federal Government and the State for state highway construction or improvement must be apportioned between two county groups under Section 188.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 825. The total of the funds available from the Federal Government and the State for construction or improvement of state highways by the State shall be apportioned between the two county groups in accordance with the provisions of Section 188. Where more projects are available which are eligible for expenditure of federal funds in one county group than in the other, state funds shall be allocated to the county group receiving the lesser expenditure of federal funds to so balance such total expenditures. (Repealed and added by Stats. 1955, Ch. 76.)
  137. 8250.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 12. Dissolution [8250 - 8252] ( Chapter 12 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    If the commission thinks it is advisable, it must order an election on dissolving the district. If two-thirds or more of the votes cast favor dissolution, the district is dissolved.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 12. Dissolution [8250 - 8252] ( Chapter 12 added by Stats. 1949, Ch. 1147. ) ## 8250. Whenever it shall deem it advisable, the commission shall, by resolution, order that an election be held in the district upon the question of dissolution of the district. The election shall be called and conducted in the same manner as other elections of the district, and if at the election, two-thirds, or more, of the votes cast are in favor of the dissolution, the district shall be dissolved. (Added by Stats. 1949, Ch. 1147.)
  138. 8251.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 12. Dissolution [8250 - 8252] ( Chapter 12 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    When a district dissolves, its property passes to the city or is distributed to the cities, with an exception for certain projects already transferred to the county.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 12. Dissolution [8250 - 8252] ( Chapter 12 added by Stats. 1949, Ch. 1147. ) ## 8251. Upon dissolution of a district containing a single city, any property which may have been acquired by the district shall vest in the city, except projects theretofore transferred and conveyed to the county under the provisions of Chapter 11 of this part. Upon dissolution of a district containing two or more cities, undisposed of property shall be distributed by the commission to the cities by a formula based on the assessed valuation of property contained in the cities as shown on the last equalized assessment roll of the county. (Amended by Stats. 1957, Ch. 298.)
  139. 8252.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 12. Dissolution [8250 - 8252] ( Chapter 12 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    If the district has bonded debt when a dissolution vote occurs, the district is dissolved except for tax levy and collection to pay that debt.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 12. Dissolution [8250 - 8252] ( Chapter 12 added by Stats. 1949, Ch. 1147. ) ## 8252. If at the time of the election to dissolve the district there is outstanding any bonded indebtedness of the district, the vote to dissolve shall dissolve the district for all purposes except the levy and collection of taxes for the payment of that outstanding indebtedness. From the time of dissolution until the bonded indebtedness, together with interest thereon, is fully paid, the board shall constitute ex officio the commission and shall levy such taxes and perform such other acts as may be necessary to raise the money for the payment of the outstanding indebtedness of the district. (Added by Stats. 1949, Ch. 1147.)
  140. 826.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department must certify to the State Treasurer which fund each payment must be deposited into.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 826. All moneys received from the Government of the United States as reimbursement for street or highway construction projects shall be deposited in the State Treasury to the credit of the fund from which the advancements were made. The department shall certify to the State Treasurer the fund in which each payment is required to be deposited. (Amended by Stats. 1980, Ch. 777, Sec. 77.)
  141. 826.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department, State Controller, and State Treasurer may make the agreements and related financial arrangements needed to let the State receive and spend federal highway advancement funds, and those expenditures must be accounted for under Section 825.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 826.5. The department, the State Controller, and the State Treasurer are hereby authorized to enter into such agreements, execute such documents, establish and manage such accounts or deposits, and take any other action that may be required to enable the State to receive and expend advancements of funds from the Federal Government in connection with the construction of highways for which federal funds are available. Expenditures from such advances shall be so accounted for as to comply with Section 825 of this code. (Added by Stats. 1957, Ch. 1607.)
  142. 8265.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A district may bring a proceeding in superior court to determine whether its existence is legal.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. ) ## 8265. Any district, in order to determine the legality of its existence, may institute a proceeding in the superior court of the county. (Added by Stats. 1949, Ch. 1147.)
  143. 8266.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A proceeding under this section starts by filing a complaint with the court clerk.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. ) ## 8266. The proceeding is instituted by filing with the clerk of the court a complaint setting forth: (a) The name of the district. (b) Its exterior boundaries. (c) The date of its organization. (d) A prayer that the district be judged legally formed under this part. (Amended by Stats. 2002, Ch. 784, Sec. 591. Effective January 1, 2003.)
  144. 8267.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    A summons in this district proceeding must be addressed to all interested persons and served by publishing it once a week for four weeks in a county newspaper of general circulation.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. ) ## 8267. The summons shall be addressed generally to all persons interested in the district, or in any of the lands contained in the district, and shall be served by publishing a copy once a week for four weeks in a newspaper of general circulation published in the county. (Added by Stats. 1949, Ch. 1147.)
  145. 8268.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    Within 30 days after the last publication of summons, any interested person may appear and answer the complaint.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. ) ## 8268. Within 30 days after the last publication of summons, any person interested may appear and answer the complaint. The answer shall set forth the facts relied upon to show the invalidity of the district. If no answer is filed within the time allowed the court shall render judgment as prayed for in the complaint. If an answer is filed the court shall proceed as in other civil cases. The proceeding is in rem and the judgment rendered is conclusive against all persons who could have appeared in the action and against the State. (Added by Stats. 1949, Ch. 1147.)
  146. 8269.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. )

    Verify source ↗

    If part of this section is held unconstitutional, the rest stays valid.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 13. Determination of Legality of District [8265 - 8269] ( Chapter 13 added by Stats. 1949, Ch. 1147. ) ## 8269. If any provision of this part is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this part. The Legislature hereby declares that it would have passed each provision of this part irrespective of the fact that any one or more such provisions be declared unconstitutional. (Added by Stats. 1949, Ch. 1147.)
  147. 827.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    The department may add required provisions to certain project contract specifications, and contractors must pay $10 per day per person for labor-specification violations.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 827. The department may insert in the specifications for any contract for any project as to which a project agreement has been executed by and between the State and the United States a stipulation that the contractor shall forfeit to the State the sum of ten dollars ($10) for each calendar day, or portion thereof, for each person who is employed upon the project in violation of the specifications relating to selection of labor, wages, hours, and conditions of employment, and the contractor shall be bound thereby. The department may insert in the specifications for any such contract all special provisions required by the rules and regulations of the properly authorized officers of the United States, regardless of whether or not any such provision tends to increase the cost of the work. (Repealed and added by Stats. 1955, Ch. 76.)
  148. 8275.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    After a district is formed, the board may decide that nearby territory should be annexed to the district.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8275. At any time after the formation of a district the board may determine that contiguous territory should be annexed to the district. (Added by Stats. 1953, Ch. 1230.)
  149. 8276.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    The board must set a hearing time and place for an annexation matter and direct its clerk to publish notice in a newspaper likely to inform the affected landowners.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8276. The board shall fix a time and place for hearing of the matter of annexation and shall direct its clerk to publish a notice pursuant to Section 6066 of the Government Code in any newspaper circulated in the county which the board deems most likely to give notice to the landowners of the territory proposed to be annexed. (Amended by Stats. 1957, Ch. 357.)
  150. 8277.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    A notice about a proposed annexation must describe the territory and state when and where objections will be heard.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8277. The notice shall contain a description of the territory proposed to be annexed and the time and place at which objections to the annexation will be heard. (Added by Stats. 1953, Ch. 1230.)
  151. 8278.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    The board must consider objections filed against an annexation at the hearing or any continued hearing.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8278. At the time and place of hearing, or at any time to which it is continued, the board shall consider any objections which may be filed against the annexation of any territory to the district. (Added by Stats. 1953, Ch. 1230.)
  152. 8279.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    After the hearing, the board may refuse to annex territory, or may annex all or part of the proposed territory. If it decides to annex, it must order the district boundaries changed and annex the benefited territory.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8279. After the hearing the board may refuse to annex any territory to the district or it may include all or a portion of the territory proposed to be annexed. If the board determines to annex any territory it shall by order entered on its minutes alter the boundaries of the district and annex thereto all or such portion of the territory as will be benefited by inclusion in the district. (Added by Stats. 1953, Ch. 1230.)
  153. 828.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. )

    Verify source ↗

    This section says the 1955 reenactment of the article was not meant to change the law, only to continue and validate the prior enactment and amendments.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. State and Federal Highway Work [820 - 828] ( Article 4 repealed and added by Stats. 1955, Ch. 76. ) ## 828. The provisions of this article, as added by the Legislature at its 1955 Regular Session, are not to be considered a change in existing law, but merely a continuation thereof. It is hereby declared to be the intent of the Legislature that the only purpose of repealing and reenacting these provisions is to validate, as a part of the Streets and Highways Code, the original enactment of the provisions of this article by Chapter 360 of the Statutes of 1935 and the subsequent amendments thereto. (Amended by Stats. 1980, Ch. 777, Sec. 78.)
  154. 8280.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    Territory that will not be benefited by being included in the district must not be included.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8280. Any territory which will not be benefited by inclusion in the district shall not be included in the district. (Added by Stats. 1953, Ch. 1230.)
  155. 8281.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    After annexation, the territory becomes part of the district and is taxed with the rest of the district for later district taxes.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8281. The order of annexation shall be conclusive evidence of the validity of all prior proceedings leading to the annexation recited therein and upon the making of the order, the territory shall become a part of the district and shall be taxed, together with the remainder of the district, for all taxes thereafter levied by the board for the purposes of the district. (Added by Stats. 1953, Ch. 1230.)
  156. 8282.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. )

    Verify source ↗

    This procedure is the only authorized method for forming the district and annexing territory to it.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 14. Annexation of Territory [8275 - 8282] ( Chapter 14 added by Stats. 1953, Ch. 1230. ) ## 8282. The procedure prescribed in this part shall be the exclusive method of formation of such district and of annexation of territory to a district. (Added by Stats. 1953, Ch. 1230.)
  157. 8290.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    Certain county territory annexed into a city that is part of a district must be included in that district, unless the city council determines specific portions will not be benefited.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8290. Subject to the provisions of Chapter 8 of Part 1, Division 2, Title 5 of the Government Code, the unincorporated territory of a county which was not included within a district at the time of the formation of such district, and which subsequent to the formation of such district is annexed to or otherwise included within a city which is a part of such district, shall immediately upon such annexation to such city be included within the district and shall thereafter become a part of the district to the same extent as such city; except such portion or portions thereof which the city council has determined, in proceedings under this chapter, will not be benefited by inclusion in the district. (Added by Stats. 1955, Ch. 1486.)
  158. 8291.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    Before annexation or inclusion proceedings finish, the city council must adopt a resolution covering the territory, district inclusion statement, and the hearing time and place.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8291. Prior to the completion of proceedings for the annexation or inclusion of unincorporated territories to or within a city which is a part of a separation of grade district the city council shall adopt a resolution containing the following: (a) A description of the unincorporated territory involved in the annexation or inclusion proceedings. (b) A statement that unless excluded by the city council all portions of such unincorporated territory shall upon annexation to or inclusion within the city be included within the district, and naming the district. (c) A statement of the time and place at which objections to inclusion within the district will be heard, which time shall not be less than 30 days after the adoption of the resolution. (Added by Stats. 1955, Ch. 1486.)
  159. 8292.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    The resolution must be published in the territory proposed to be annexed or included, and the first publication must be at least 20 days before the hearing.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8292. The resolution shall be published pursuant to Section 6066 of the Government Code in the territory proposed to be annexed or included. The first publication shall be at least 20 days prior to the date of the hearing. (Amended by Stats. 1957, Ch. 357.)
  160. 8293.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    A hearing may be continued by public declaration, but the total continuance cannot exceed 60 days, and no additional notice of the continuance is required.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8293. The hearing may be continued from time to time and from place to place for not exceeding a total of 60 days by public declaration thereof, and no other notice of the fact of such continuance need be given. (Added by Stats. 1955, Ch. 1486.)
  161. 8294.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    At the hearing, the city council must hear relevant objections about including territory in the district and may also hear arguments against those objections.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8294. At the hearing, the city council shall hear all relevant and pertinent objections to inclusion of any portion or portions of the territory within the district and may, in its discretion, hear arguments against the objections urged. (Added by Stats. 1955, Ch. 1486.)
  162. 8295.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    The city council must decide by resolution which parts of the territory, if any, should be left out of the district because they are not benefited by being included.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8295. At the hearing, or within 20 days after the adjournment thereof, the city council shall by resolution determine what, if any, portion or portions of the territory should not be included within the district because not benefited by such inclusion. (Added by Stats. 1955, Ch. 1486.)
  163. 8296.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    After the annexation or inclusion is completed, the city clerk must notify the district commission secretary and provide certified copies of the annexation or inclusion ordinance or resolution and the resolution excluding unbenefited territory.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8296. Upon the completion of the annexation or inclusion of the unincorporated territory described in Section 8290 to a city, the clerk of the legislative body of such city shall so notify the secretary of the commission of the district and shall furnish such secretary with a certified copy of the ordinance or resolution adopted by the legislative body of such city annexing or including said territory to such city and of the resolution determining what portion or portions of the territory should not be included in the district because not benefited by such inclusion. (Added by Stats. 1955, Ch. 1486.)
  164. 8297.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. )

    Verify source ↗

    After receiving the certified copy referred to in Section 8296, the district commission secretary must file a boundary-change statement and map or plat.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297] ( Part 2 added by Stats. 1949, Ch. 1147. ) ## CHAPTER 15. Annexation of Territory Annexed to or Included in a City [8290 - 8297] ( Chapter 15 added by Stats. 1955, Ch. 1486. ) ## 8297. Upon receipt of the certified copy of the resolution or ordinance, and resolution, referred to in Section 8296, the secretary of the commission of the district shall file a statement of the change of the district boundaries which has resulted from said annexation of unincorporated territory to a city together with a map or plat indicating the boundaries of the district as so changed with the assessor of the county in which the district is located and with the State Board of Equalization pursuant to the provisions of Chapter 8, Part 1, Division 2, Title 5 of the Government Code. (Added by Stats. 1955, Ch. 1486.)
  165. 83.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. )

    Verify source ↗

    A public street or highway inside a state highway boundary becomes part of the state highway right of way without compensation, and the department has jurisdiction and maintenance responsibility.

    ## 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 2. California Transportation Commission [70 - 86] ( Heading of Article 2 amended by Stats. 1991, Ch. 928, Sec. 11. ) ## 83. Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction thereover and responsibility for the maintenance thereof. (Added by Stats. 1947, Ch. 436.)
  166. 830.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. )

    Verify source ↗

    This section defines “public water district” for this article.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. ) ## 830. For purposes of this article, the term “public water district” means any special district, as defined in subdivision (m) of Section 54775 of the Government Code, which has, among its powers, the power to store, control, or distribute water. (Added by Stats. 1971, Ch. 1410.)
  167. 8300.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    This part may be cited as the Public Streets, Highways, and Service Easements Vacation Law.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8300. This part may be cited as the Public Streets, Highways, and Service Easements Vacation Law. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  168. 8301.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    The chapter’s definitions control how this part is interpreted, unless the provision or context requires otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8301. Unless the provision or context otherwise requires, the definitions in this chapter shall govern the construction of this part. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  169. 8302.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    For this chapter, “adoption” of a resolution means passing or enacting the resolution.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8302. “Adoption” of a resolution includes passage or enactment of a resolution. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  170. 8303.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    “Clerk” means a person or officer who is the clerk of a legislative body.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8303. “Clerk” includes a person or officer who is the clerk of a legislative body. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  171. 8304.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    This section defines “legislative body” for counties, cities, and the California Transportation Commission.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8304. “Legislative body” means: (a) In the case of a county or city and county, the board of supervisors. (b) In the case of a city, the city council or other body which, by law, is the legislative body of the government of the city. (c) In the case of the California Transportation Commission, the commission. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  172. 8305.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    This section defines “local agency” as a county, city, or city and county.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8305. “Local agency” means a county, city, or city and county. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  173. 8305.5.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    “Public entity” means a local agency or the California Transportation Commission.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8305.5. “Public entity” means a local agency or the California Transportation Commission. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  174. 8306.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    This section defines “public service easement.”

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8306. “Public service easement” includes all or part of, or any right in: (a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, polelines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes. (b) An easement or right of a type described in Section 8340. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  175. 8306.5.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    “Public utility” means a public utility defined in Section 216 of the Public Utilities Code.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8306.5. “Public utility” means a public utility as defined in Section 216 of the Public Utilities Code. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  176. 8307.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    In this section, “resolution” includes an ordinance.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8307. “Resolution” includes an ordinance. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  177. 8308.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    This section defines “street” and “highway” broadly to include many kinds of roads, rights-of-way, easements, and related access rights.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8308. “Street” and “highway” include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  178. 8309.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    “Vacation” means the complete or partial abandonment or ending of the public right to use a street, highway, or public service easement.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 1. Short Title and Definitions [8300 - 8309] ( Chapter 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8309. “Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  179. 831.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. )

    Verify source ↗

    When real property in a public water district is taken for state highway purposes, the director must calculate severance aid for the district.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. ) ## 831. Whenever real property within a public water district is acquired for state highway purposes on or after the effective date of this section, the director shall calculate an amount of severance aid as provided in this section, in addition to any other allowances provided by law to be paid to the district. For the five-year period following the acquisition of such property, based on the amount of tax revenues the district would have received from such property if there had been no such acquisition, the director shall calculate the district’s severance aid as follows: for the year following such acquisition, the district shall be allowed the amount of tax revenues that would have been paid during the year of acquisition, if the taxes assessed on the property acquired were then paid in full; for the second year, the district shall be allowed 80 percent of such amount; for the third year, the district shall be allowed 60 percent of such amount; for the fourth year, the district shall be allowed 40 percent of such amount; and for the fifth year, the district shall be allowed 20 percent of such amount. (Added by Stats. 1971, Ch. 1410.)
  180. 8310.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    This part must be interpreted liberally to carry out its purposes.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8310. This part shall be liberally construed in order to effectuate its purposes. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  181. 8311.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    This section says the procedures in this part are an alternative way to vacate streets, highways, and public service easements.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8311. (a) The procedures provided in this part are alternative procedures for vacating streets, highways, and public service easements. The authority granted in this part is an alternative to any other authority provided by law to public entities. (b) The provisions of this part shall not apply to or affect any other provision of this code. If proceedings are commenced under this part, the provisions of this part, and no other provisions of this code, shall apply to the proceedings. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  182. 8312.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    A city legislative body or a county board of supervisors may vacate certain streets, highways, or public service easements, except as Section 8315 provides otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8312. Except as provided in Section 8315, a city legislative body may vacate, pursuant to this part, all or part of a street, highway, or public service easement within the city and a board of supervisors may vacate all or part of a street, highway, or public service easement within the county but outside a city. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  183. 8313.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    If a proposed street, highway, or public service easement vacation is in an area with a general plan, the public entity’s legislative body must consider that plan before vacating it.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8313. (a) If the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement. (b) The procedure prescribed in Section 65402 of the Government Code shall be followed if that section applies to the proposed vacation. If Section 65402 of the Government Code does not apply to the proposed vacation, the legislative body may submit the proposed vacation to the local planning commission or planning agency and give the commission or agency an opportunity to report upon the proposed vacation. (Amended by Stats. 1986, Ch. 982, Sec. 31.)
  184. 8314.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    Section 892 applies when a street, highway, or public service easement is vacated under this part.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8314. Section 892 applies to a street, highway, or public service easement vacated pursuant to this part. (Amended by Stats. 2000, Ch. 787, Sec. 15. Effective January 1, 2001.)
  185. 8315.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    Only the commission may vacate a state highway under this part.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8315. A state highway may be vacated under this part only by the commission. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  186. 8316.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    One proceeding may include and vacate one or more streets, highways, and public service easements, even if they are not contiguous.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8316. One or more streets, highways, and public service easements, whether or not contiguous, may be included and vacated in the same proceeding. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  187. 8317.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    Affidavits are required to prove notice publication or posting, and an officer must file the affidavit in his or her office.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 2. General Provisions [8310 - 8317] ( Chapter 2 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8317. (a) Proof of publication of a notice shall be made by affidavit pursuant to the Code of Civil Procedure. Proof of the posting of a notice shall be made by affidavit of the person posting it, reciting the facts of the posting. (b) An officer required to have any notice published or posted shall file the affidavit in his or her office. Failure to do so does not invalidate proceedings under this part. An affidavit so filed is prima facie evidence of the facts stated in it. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  188. 832.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. )

    Verify source ↗

    The director must certify the yearly severance aid amount to the State Controller by April 20, and the State Controller must allocate that amount from the Motor Vehicle Transportation Tax Fund by May 15.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. ) ## 832. On or before April 20th of each year, the director shall determine and certify to the State Controller the amount of severance aid computed and to be allowed to water districts under Section 831 for the fiscal year. On or before May 15th of each year, the State Controller shall allocate from the Motor Vehicle Transportation Tax Fund the amount of severance aid computed and to be allowed to water districts for the current fiscal year as so certified. The Department may charge or allocate the amounts so transferred to the appropriate particular projects on account of which the severance aid was computed. (Added by Stats. 1971, Ch. 1410.)
  189. 8320.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    A local agency’s legislative body may start a vacation proceeding, and its clerk must set the hearing and give the required notices.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8320. (a) The legislative body of a local agency may initiate a proceeding under this chapter in either of the following ways: (1) On its own initiative, where the clerk of the legislative body shall administratively set a hearing by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this chapter. (2) Upon a petition or request of an interested person, at the discretion of the legislative body, except as provided in subdivision (e) of Section 8321, where the clerk of the legislative body shall administratively set a hearing by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this chapter. (b) The notices required by this chapter shall contain both of the following: (1) A description of the street, highway, or public service easement proposed to be vacated and a reference to a map or plan, that shows the portion or area to be vacated and includes a statement that the vacation proceeding is conducted under this chapter. In the case of a street or highway, the description shall include its general location, its lawful or official name or the name by which it is commonly known, and the extent to which it is to be vacated. In the case of a public service easement, the description shall identify it with common certainty. The map or plan showing the location of the street, highway, or public easement proposed to be vacated is sufficient compliance with this paragraph. (2) The date, hour, and place for hearing all persons interested in the proposed vacation. The date shall not be less than 15 days after the initiation of proceedings. (Amended by Stats. 1998, Ch. 876, Sec. 20. Effective January 1, 1999.)
  190. 8321.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    Freeholders may petition the board of supervisors to vacate certain streets, highways, or public service easements, and the board/clerk must follow filing, hearing, and notice steps.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8321. (a) Ten or more freeholders may petition the board of supervisors to vacate a street or highway under this chapter. At least two of the petitioners shall be residents of the road district in which some part of the street or highway proposed to be vacated is situated and shall be taxable therein for street or highway purposes. (b) Five or more freeholders may petition the board of supervisors to vacate a public service easement under this chapter. At least one of the petitioners shall be a resident of the township in which the public service easement proposed to be vacated is situated. (c) The residence address of each petitioner shall be set forth in the petition. (d) The board of supervisors may require the payment of a fee for filing a petition to defray the expenses of investigations, mailings, publications, and postings under this chapter. (e) Upon the filing of a petition and the making of the deposit, if any, required under this section, the board of supervisors, by order, shall fix the date, hour, and place of the hearing on the petition. At least two weeks before the day set for the hearing, the clerk of the board shall mail a notice of the date, hour, and place of the hearing to each of the petitioners at the address set forth in the petition. (f) Nothing in this section shall affect the right of a legislative body to initiate a proceeding under this chapter upon its own initiative, or upon petition or request of an interested person, or prevent the board of supervisors from vacating a street, highway, or public service easement without charging costs if the board determines it is in the public interest to do so. (Amended by Stats. 1981, Ch. 64, Sec. 1.)
  191. 8322.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    Notice of a proposed vacation hearing must be published for at least two successive weeks before the hearing, with special newspaper rules for cities and an exception when no qualifying county newspaper exists.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8322. (a) Except as provided in subdivisions (b) and (c), notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the local agency conducting the proceeding and which is selected by the legislative body for that purpose or by the clerk or other officer responsible for the publication where the legislative body has not selected any newspaper for that purpose. (b) If the proceeding is conducted by a city and there is no daily, semiweekly, or weekly newspaper published and circulated in the city, the notice shall be published in some newspaper published in the county in which the city is located. (c) Notice need not be published under this section where there is no daily, semiweekly, or weekly newspaper published and circulating in the county in which the local agency conducting the proceeding is located. (Amended by Stats. 1998, Ch. 876, Sec. 21. Effective January 1, 1999.)
  192. 8323.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    The legislative body must post vacation notices at least two weeks before the hearing, with spacing and minimum-count rules.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8323. At least two weeks before the day set for the hearing, the legislative body shall post conspicuously notices of vacation along the line of the street, highway, or public service easement proposed to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices shall be posted. (Amended by Stats. 1998, Ch. 876, Sec. 22. Effective January 1, 1999.)
  193. 8324.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    The legislative body must hear evidence from interested persons at the hearing, and it may vacate the described street, highway, or public service easement if it finds the use unnecessary.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. (Amended by Stats. 1998, Ch. 876, Sec. 23. Effective January 1, 1999.)
  194. 8325.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    The clerk must record a certified, sealed copy of the resolution of vacation with the county recorder, and no recordation fee may be charged.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 3. General Vacation Procedure [8320 - 8325] ( Chapter 3 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8325. (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. No fee shall be charged for recordation. (b) Upon such recordation, the vacation is complete. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  195. 833.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. )

    Verify source ↗

    Money may not be allocated to a water district for a fiscal year under this article unless the Legislature approves the allocation by appropriating funds from the Motor Vehicle Transportation Tax Fund.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Cooperation By and With the State [760 - 834] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. Allowances to Water Districts for Severance Aid [830 - 834] ( Article 5 added by Stats. 1971, Ch. 1410. ) ## 833. (a) No money shall be allocated to any water district for any fiscal year pursuant to this article, unless the Legislature approves such allocation for that fiscal year pursuant to this section by appropriating the money from the Motor Vehicle Transportation Tax Fund for such purpose. (b) In case the amount of money appropriated by the Legislature for purposes of this article during any fiscal year is insufficient to pay the amounts provided for in Section 831, the amounts provided for in that section shall be reduced proportionately. (Added by Stats. 1971, Ch. 1410.)
  196. 8330.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    A local agency’s legislative body may summarily vacate a street or highway that has been superseded by relocation, but not if the vacation would cut off all access to adjoining property or terminate a public service easement unless Section 8333 is satisfied.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8330. (a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation. (b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following: (1) Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway. (2) Terminate a public service easement, unless the easement satisfies the requirements of Section 8333. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  197. 8330.5.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    The commission may keep, relinquish, or vacate a relocated state highway, but it cannot vacate unless it first gives notice of relinquishment and the local agency protests within 90 days. If vacating would cut off all access to adjoining property, the commission must keep the highway or relinquish it instead.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8330.5. (a) Subject to subdivisions (b) and (c), the commission may retain, relinquish to a local agency pursuant to Section 73, or summarily vacate a state highway that has been superseded by relocation. (b) The commission shall not vacate a state highway unless the commission has first given a notice of relinquishment pursuant to Section 73 and the legislative body of the local agency has protested within the prescribed 90-day period that the highway is not needed for public use and should be vacated by the commission. (c) If vacation of a state highway would cut off all access to the property of any person which, prior to relocation, adjoined the highway, the commission shall either retain the highway or relinquish it pursuant to Section 73. (Added by Stats. 1980, Ch. 1050, Sec. 29.)
  198. 8331.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    A local agency’s legislative body may summarily vacate a street or highway if it has been impassable for vehicular travel for five consecutive years and no public money was spent on its maintenance during that period.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8331. The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  199. 8332.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    A local agency’s legislative body may summarily vacate a street or highway if it does so under an agreement with the department under Section 100.2 to close the road near its intersection with a state freeway.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8332. The legislative body of a local agency may summarily vacate a street or highway pursuant to an agreement entered into with the department pursuant to Section 100.2 to close the street or highway at or near the point of its interception with a state freeway. (Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
  200. 8333.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. )

    Verify source ↗

    A local agency’s legislative body, or an authorized public officer or employee, may summarily vacate a public service easement if one of the listed conditions is met.

    ## Streets and Highways Code - SHC ## DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] ( Division 9 added by Stats. 1941, Ch. 79. ) ## PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. ) ## CHAPTER 4. Summary Vacation [8330 - 8336] ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## ARTICLE 1. Authority [8330 - 8334.5] ( Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) ## 8333. The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a public service easement in any of the following cases: (a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. (Amended by Stats. 2015, Ch. 269, Sec. 35. (SB 184) Effective January 1, 2016.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.