SECTIONS 30400-30413

30400.  The department may acquire by gift, purchase, or eminentdomain proceedings any bridge, transportation facilities, oradditional transportation facilities, and any franchise, rights,privileges, easements, or other property either real or personalappurtenant thereto, when the acquisition or construction of any tollbridge or other toll highway crossing, transportation facilities, oradditional transportation facilities is authorized by thecommission.30401.  In eminent domain proceedings to acquire property for any ofthe purposes of this chapter, any toll bridge or other toll highwaycrossing, real property, personal property, franchises, rights,easements, or other property or privileges appurtenant theretoappropriated or dedicated to a public use or purpose by any person,private, public, or municipal corporation, county, city, district, orany political subdivision of the state, may be condemned and taken,and the acquisition and use thereof as provided in this chapter forthe same public use or purpose to which such property has beenappropriated or dedicated or for any other public use or purpose,shall be deemed a superior and permanent right and necessity, and amore necessary use and purpose than the public use or purpose towhich such property has already been appropriated or dedicated. It shall not be necessary in any eminent domain proceedingspursuant to this section to plead or prove any acts or proceedingspreliminary or prior to the adoption of the resolution required bySection 1245.220 of the Code of Civil Procedure.30402.  In eminent domain proceedings to acquire property for any ofthe purposes of this chapter, any transportation facilities,additional transportation facilities, real property, personalproperty, franchises, rights, easements, or other property orprivileges appurtenant thereto appropriated or dedicated to a publicuse or purpose by any person, private, public, or municipalcorporation, county, city, district, or any political subdivision ofthe state may be condemned and taken and the acquisition and usethereof as provided in this chapter for the same public use orpurpose to which such property has been appropriated or dedicated orfor any other public use or purpose shall be deemed a superior andpermanent right and necessity, and a more necessary use and purposethan the public use or purpose to which such property has alreadybeen appropriated or dedicated, except as to real estate, personalproperty, franchises, rights, privileges, or easements actively usedby or necessary for the operation or a common carrier by railroadother than those used primarily by such railroad for thetransportation of persons or property by interurban operation to andfrom an area within 50 miles from either end of any toll bridge orother toll highway crossing acquired or constructed pursuant to thischapter. Except for such prior railroad use, it shall not be necessary inany eminent domain proceedings pursuant to this section to plead orprove any acts or proceedings preliminary or prior to the adoption ofthe resolution required by Section 1245.220 of the Code of CivilProcedure.30406.  When the State, or any department or governmental agencythereof, acquires any existing toll bridge or the real or personalproperty used in connection therewith, such property and toll bridgeshall continue to be subject to taxation by the county, politicalsubdivision, and municipal corporation in which it is located, andthe State shall pay to the county granting the franchise for thebridge such amounts as become due to the county for the franchise forthe construction of the toll bridge.30407.  The right of way is given, dedicated, and set apart uponwhich to locate, construct, and maintain bridges or other highwaycrossings, transportation facilities, and additional transportationfacilities which have been or may be constructed pursuant to thischapter, through, over, under, on or across any property of theState, including highways, now or hereafter owned, opened, ordedicated to or for public use and howsoever acquired, and through,over, under, on, or across the streets, alleys, lanes, and roads nowor hereafter opened or dedicated to or for public use and howsoeveracquired which are now or may be within any county, city, public ormunicipal corporation, district, or political subdivision of theState.30408.  If any property belonging to any county, city, public ormunicipal corporation, district, or political subdivision of thestate is taken for the acquisition or construction of any bridge orother toll highway crossing, or the transportation facilities oradditional transportation facilities thereof or thereto, or if anysuch property is injured or damaged by such acquisition orconstruction, and the payment of compensation therefor is necessary,proper, and necessary, compensation therefor as is agreed upon may bepaid by the commission to the particular county, city, public ormunicipal corporation, district, or political subdivision of thestate owning or in charge of such property, or the commission maydirect that eminent domain proceedings be brought pursuant to thisarticle for the determination of such compensation, including thedetermination of the interest of any such county, city, public ormunicipal corporation, district, or political subdivision in suchproperty and the necessity for the payment of such compensation.30409.  In all cases where, by statute or otherwise, any right isreserved or granted to the state or any state agency to construct ormaintain highways, bridges, or approaches thereto, or other highwaycrossings, or railroads, or transportation facilities over, through,under, on, or across any public or private property, the commissionis entitled to the benefit of such reservation or grant.30410.  Whenever any property acquired for any of the purposes ofthis chapter, whether by agreement, grant, or eminent domain, eitherin fee or in any lesser estate or interest, is no longer necessaryfor use in connection with any improvement authorized to beconstructed pursuant to this chapter, or whenever a lesser interestthan is owned therein is sufficient for the construction,maintenance, and operation of any improvement, or whenever it is forany other reason in the public interest to do so, the property, anypart thereof, or any interest therein may be leased, sold, exchanged,or otherwise disposed of or dealt with by the director in themanner, upon such terms, and subject to such reservations as arefirst approved by the commission.30411.  Whenever, either before or after the construction orreconstruction of streets, sidewalks, or other like facilities uponany property or interest in property acquired pursuant to thischapter, it appears desirable to dedicate the property to public usefor such purpose, the director, with the approval of the commission,may dedicate or transfer the property to any county, city, or otherpublic or municipal corporation within which it is located, subject,however, to any rights or interests necessary for the properconstruction, maintenance, and operation of any bridge, highwaycrossing, or transportation facility which extends through, over,under, on, or across the property.30412.  Any agreement, lease, or conveyance authorized by thischapter shall be executed or accepted on behalf of the State by thedirector.30413.  Any money received for any such property shall be receivedinto the funds for the bridge, other highway crossing, ortransportation facilities for which the property was originallyacquired.