California Streets and Highways Code 1463 – Any permit issued to a public agency or a public utility having …
Any permit issued to a public agency or a public utility having lawful authority to occupy the highways shall contain a provision that in the event the future improvement of the highway necessitates the relocation of such encroachment the permittee will relocate the same at his sole expense. In said event the road commissioner shall serve on the permittee his written demand specifying the place of relocation, and specifying a reasonable time within which the work of relocation must be commenced. The permittee must commence such relocation within the time specified in said demand and thereafter diligently prosecute the same to completion.
All permits other than those issued to public agencies or a public utility having lawful authority to occupy the highways are revocable on five days’ notice and the encroachment must be removed or relocated as may be specified by the road commissioner in the notice revoking the permit and within a reasonable time specified by the road commissioner unless the permit provides a specified time.
Terms Used In California Streets and Highways Code 1463
- encroachment: includes any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this section, which is placed in, under or over any portion of the highway. See California Streets and Highways Code 1450
- 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
- highway: includes all or any part of the entire width of right of way of a county highway, whether or not such entire area is actually used for highway purposes. See California Streets and Highways Code 1450
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public agency: includes any city, public corporation, political subdivision, or district. See California Streets and Highways Code 1450
- Road commissioner: means the county road commissioner appointed pursuant to Section 2006. See California Streets and Highways Code 1450
Public utilities may be required, within a reasonable time, to relocate such of their facilities as interfere with an enlarged public use of the highway, except in those cases where the enlarged use of the highway involves a state freeway.
(Added by Stats. 1965, Ch. 789.)