California Streets and Highways Code 101.5 – The department may file for record with the State Lands Commission …
The department may file for record with the State Lands Commission such maps as are necessary to furnish an accurate description of any ungranted swamp, overflow, tide, or submerged lands, the bed of any navigable channel, stream, river, creek, lake, bay, or inlet, or other sovereign lands of the State of California which, in the opinion of the department, are needed as a right-of-way for, and for the protection of, any state highway or as a source of materials for the construction, maintenance, or improvement of any state highway. Upon the approval of such map by the State Lands Commission, the lands described therein shall be reserved for such use by the department and the department is thereupon authorized to enter upon, occupy, and use such lands for such purpose or purposes. Any subsequent grant or permission to use such lands shall be subordinate to such reservation. Any such reservation may be released by the written certificate of the director filed with the State Lands Commission. This section shall not apply to state school lands.
The department shall determine the reasonable value of such right-of-way or materials and shall deposit such amount in the State Parks and Recreation Fund. The amount so deposited shall be considered as part of the cost of construction of the state highways.
Terms Used In California Streets and Highways Code 101.5
- commission: means the California Transportation Commission. See California Streets and Highways Code 22
- Construction: includes :
California Streets and Highways Code 29
- Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
- Director: means the director of the department. See California Streets and Highways Code 21
- highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
- maintenance: includes any of the following:
California Streets and Highways Code 27
- State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
(Amended by Stats. 1980, Ch. 777, Sec. 15.)