State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 2540-2549

STREETS AND HIGHWAYS CODE
SECTION 2540-2549



2540.  The Legislature hereby declares that it is the policy of the
state to acquire abandoned railroad lines when the right-of-way for
such lines has a potential public transportation use including, but
not limited to, a use for highways, busways, bicycles, pedestrians,
or guideways.


2542.  The Abandoned Railroad Account is hereby created in the State
Transportation Fund. The money in the Abandoned Railroad Account is
appropriated to the department for carrying out the purposes of this
chapter.


2544.  The department shall prepare and submit to the Legislature
not later than July 1, 1976, a priority list of abandoned railroad
lines having rights-of-way that may be developed for public
transportation uses.
   In preparing the list, the department shall consider the State
Rail Plan prepared pursuant to Section 7701 of the Public Utilities
Code and shall also consult with any city, county, transit district,
or regional transportation planning entity within whose boundaries
those abandoned railroad lines are located.
   The department may consider contributions by local agencies toward
the purchase of those rights-of-way as a factor in ranking the
rights-of-way on the priority list.



2546.  With money made available for such purpose, the department
may acquire any of the rights-of-way included in the priority list
prepared pursuant to Section 2544 and shall offer such property to
all cities, counties, and transit districts within whose jurisdiction
such property is located for development for public transportation
purposes. If such public entities indicate an intent to develop such
property, the department shall enter into an agreement with them
providing for the conveyance of the property for the development of
the public transportation use and for such other matters as may be
agreed to. If no agreement is reached within three years of the
acquisition of the property by the department, such property shall be
sold to the highest bidder and the money received shall be deposited
in the Abandoned Railroad Account. The department shall acquire the
properties in sequence as listed in the priority list unless, for a
particular property, the department reasonably determines that (1)
the railroad owner is seeking an unreasonably high price for the
property; (2) there does not appear to be a public entity willing to
enter into an agreement pursuant to this section to develop the
property, or (3) the price of the property exceeds the amount of
funds available in the Abandoned Railroad Account in the State
Transportation Fund.


2548.  In the name of the people of the State of California or, upon
authorization from a city, county, or transit district, in the name
of such city, county, or transit district, the department may condemn
for public transportation purposes, under the provisions of the Code
of Civil Procedure relating to eminent domain, any right-of-way
underlying an abandoned railroad line in fee or any lesser interest
found by the department to be necessary.
   The Legislature hereby finds and declares that the acquisition of
such property is a public necessity and is compatible with the
greatest public good and the least private injury.



2549.  (a) Any city, county, transit operator, or the department may
submit an application to the department for an advance of funds for
the purchase of abandoned railroad rights-of-way pursuant to Section
99317 of the Public Utilities Code. The department shall evaluate the
applications in accordance with criteria and procedures adopted by
the commission and shall submit the applications and its
recommendations thereon to the commission not later than February 1
of each year.
   (b) The commission shall adopt criteria and procedures for the
evaluation of applications by the department. The criteria shall
include, but not be limited to all of the following:
   (1) The viability of the right-of-way as a transit corridor.
   (2) The extent of local financial participation in the
acquisition.
   (3) The degree to which the unacquired right-of-way is jeopardized
by encroaching development.
   (c) The commission shall annually adopt a priority list for the
advance of funds available for the purpose of this section. The
commission shall establish and forward to all applicants a
preliminary list at least 30 days prior to the date of a commission
hearing on the list. The commission shall adopt the priority list, as
proposed or as amended, at a subsequent commission hearing following
the initial hearing. The commission shall advance funds available
for the purposes of this section in accordance with the adopted
priority list.
   (d) Any advance of funds pursuant to this section shall be repaid
within a three-year period and shall be repaid with interest at a
rate equal the interest rate earned on moneys in the Pooled Money
Investment Fund.