California Streets and Highways Code 100.21 – (a) Whenever a street or highway closing agreement is required …
(a) Whenever a street or highway closing agreement is required by Section 100.2, the department shall not acquire, except by gift, and except in hardship or protective cases as determined by the department or the commission, any real property for a freeway through a city until an agreement is first executed with the city council, or for a freeway through unincorporated territory in a county until an agreement is first executed with the board of supervisors. The department shall give notice to the city council or the board of supervisors, as the case may be, of any acquisition of real property prior to the execution of an agreement.
(b) Notwithstanding subdivision (a), a city council, or a county board of supervisors may, by resolution, authorize the purchase of rights-of-way prior to approval of an agreement if the purchase is limited to the mainline corridor of the proposed freeway and the alignment of the freeway is not at issue.
Terms Used In California Streets and Highways Code 100.21
- City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
- commission: means the California Transportation Commission. See California Streets and Highways Code 22
- County: includes "city and county. See California Streets and Highways Code 14
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(Amended by Stats. 2004, Ch. 615, Sec. 14. Effective January 1, 2005.)