California Streets and Highways Code 741.6 – The appeals board shall not grant the permit if any of the following …
Current as of: 2024 | Check for updates
|
Other versions
The appeals board shall not grant the permit if any of the following are true:
(a) That the owner of the land will not be substantially damaged by locating the proposed structure on his land outside of the lines of the mapped highway.
Terms Used In California Streets and Highways Code 741.6
- 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, balancing the interests of the public in preserving the integrity of the mapped highway against the interest of the land owner in using his property as proposed to be used, the resulting disadvantages to the State would be unreasonably disproportionate to the advantages to the owner to be derived from so using the property.
(Added by Stats. 1947, Ch. 1451.)