The appeals board shall grant the permit if any of the following are true:

(a) That the property of which the mapped highway location is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit.

Terms Used In California Streets and Highways Code 741.4

  • Construction: includes :

    California Streets and Highways Code 29

  • Highway: includes all, or any part, of the entire width of the right-of-way of a state highway, whether or not the entire area is actually used for highway purposes. See California Streets and Highways Code 660
  • Mapped highway: means a highway which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the exact location on the ground which the highway is to occupy can be ascertained. See California Streets and Highways Code 740
  • Owner: includes any person entitled to the use or possession of real property. See California Streets and Highways Code 740

(b) That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized.

(c) That, balancing the interests of the public in preserving the integrity of the officially mapped highway against the interest of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.

(Added by Stats. 1947, Ch. 1451.)

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