California Streets and Highways Code 709 – The department shall exercise a reasonable discretion in acting on …
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The department shall exercise a reasonable discretion in acting on applications of utilities for permits to occupy freeways for longitudinal locations of facilities, as may be required for the proper discharge of their services to the public. The department may, however, refuse to grant any applications for any such longitudinal installation which would be inconsistent with public safety or the continued unobstructed use of the freeway for vehicular traffic, or for any type of utility structure inconsistent with the aesthetic values of any landscaped freeway within, or approaching within one mile of, the limits of any city.
(Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
Terms Used In California Streets and Highways Code 709
- City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
- Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
- Freeway: means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Streets and Highways Code 23.5