State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 31200-31210

STREETS AND HIGHWAYS CODE
SECTION 31200-31210



31200.  The authority may acquire by gift, purchase, or eminent
domain proceedings any franchise, rights, privileges, easements, or
other property, either real or personal, necessary therefor, when the
construction of the toll tunnel is authorized by the authority. This
article shall not apply to any portion of the state highway system.




31201.  In eminent domain proceedings to acquire property for any of
the purposes of this chapter, any real property, personal property,
franchises, rights, easements, or other property or privileges
appurtenant thereto appropriated or dedicated to a public use or
purpose by any person, private, public, or municipal corporation,
county, city, district, or any political subdivision of the state,
may be condemned and taken, and the acquisition and use thereof as
provided in this chapter for the same public use or purpose to which
such property has been appropriated or dedicated or for any other
public use or purpose, shall be deemed a superior and permanent right
and necessity, and a more necessary use and purpose than the public
use or purpose to which such property has already been appropriated
or dedicated.
   It shall not be necessary in any eminent domain proceedings
pursuant to this section to plead or prove any acts or proceedings
preliminary or prior to the adoption of the resolution required by
Section 1245.220 of the Code of Civil Procedure.



31205.  The right-of-way is given, dedicated, and set apart upon
which to locate, construct, and maintain the toll tunnel through,
over, under, on, or across any property of the state now or hereafter
owned, opened, or dedicated to or for public use and howsoever
acquired, and through, over, under, on, or across the streets,
alleys, lanes, and roads now or hereafter opened or dedicated to or
for public use and howsoever acquired which are now or may be within
any county, city, public or municipal corporation, district, or
political subdivision of the state.



31206.  If any property belonging to any county, city, public or
municipal corporation, district, or political subdivision of the
state, is taken for the acquisition or construction of the toll
tunnel, or if any such property is injured or damaged by such
acquisition or construction, and the payment of compensation therefor
is necessary, proper and necessary compensation therefor as is
agreed upon may be paid by the authority to the particular county,
city, public or municipal corporation, district, or political
subdivision of the state owning or in charge of such property, or the
authority may direct that eminent domain proceedings be brought
pursuant to this article for the determination of such compensation,
including the determination of the interest of any such county, city,
public or municipal corporation, district, or political subdivision
in such property and the necessity for the payment of such
compensation.
   Whenever the authority requires a public utility to remove and
relocate any utility facility, the authority shall reimburse the
owner of the public utility facility for the expense of the removal
and relocation.



31207.  In all cases where, by statute or otherwise, any right is
reserved or granted to the state or any state agency to construct or
maintain highways, bridges, or approaches thereto, or other highway
crossings, over, through, under, on, or across any public or private
property, the authority is entitled to the benefit of such
reservation or grant.



31208.  Whenever any property acquired for any of the purposes of
this chapter, whether by agreement, grant, or eminent domain, either
in fee or in any lesser estate or interest, is no longer necessary
for use in connection with any improvement authorized to be
constructed pursuant to this chapter, or whenever a lesser interest
than is owned therein is sufficient for the construction,
maintenance, and operation of any improvement, or whenever it is for
any other reason in the public interest so to do, the property, any
part thereof, or any interest therein may be leased, sold, exchanged,
or otherwise disposed of or dealt with by the authority in the
manner, upon such terms, and subject to such reservations as it deems
necessary or desirable.



31209.  Whenever, either before or after the construction or
reconstruction of streets, sidewalks, or other like facilities upon
any property or interest in property acquired pursuant to this
chapter, it appears desirable to dedicate the property to public use
for such purpose, the authority may dedicate or transfer the property
to any county, city, or other public or municipal corporation within
which it is located, subject, however, to any rights or interests
necessary for the proper construction, maintenance, and operation of
the toll tunnel which extends through, over, under, on, or across the
property.


31210.  Any money received for any such property shall be received
into the funds for the toll tunnel for which the property was
originally acquired.