SB 782, as introduced, Allen. State highways: relinquishment.
Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also provides for the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment, and in certain other cases.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 73 of the Streets and Highways Code is
2amended to read:
begin insert(a)end insertbegin insert end insert The commission shall relinquish to any county or city
4any portion of any state highway within the county or city that has
5been deleted from the state highway system by legislative
6enactment, and the relinquishment shall become effective upon
7the first day of the next calendar or fiscal year, whichever first
8occurs after the effective date of the legislative enactment. It may
P2 1likewise relinquish any portion of any state highway that has been
2superseded by relocation.begin delete Wheneverend delete
3begin insert(b)end insertbegin insert end insertbegin insertWheneverend insert the department and the county or city concerned
4have entered into an agreement providing therefor, or the legislative
5body of the county or city has adopted a resolution consenting
6thereto, the commission may relinquish, to that county or city, any
7frontage or service road or outer highway, within the territorial
8limits of the county or city, which has a right-of-way of at least
940 feet in width and which has been constructed as a part of a state
10highway project, but does not constitute a part of the main traveled
11roadway thereof. The commission may also relinquish, to a county
12or city within whose territorial limits it is located, any
13nonmotorized transportation facility, as defined in Section 887,
14constructed as part of a state highway project if the county or city,
15as the case may be, has entered into an agreement providing
16
therefor or its legislative body has adopted a resolution consenting
17thereto.
18 Relinquishment
end delete
19begin insert(c)end insertbegin insert end insertbegin insertRelinquishmentend insert shall be by resolution. A certified copy of
20the resolution shall be filed with the board of supervisors or the
21city clerk, as the case may be. A certified copy of the resolution
22shall also be recorded in the office of the recorder of the county
23where the land is located and, upon its recordation, all right, title,
24and interest of the state in and to that portion of any state highway
25shall vest in the county or city, as the case may be, and that
26highway or portion thereof shall thereupon constitute a county
27road or city street, as the case may be.
28 The
end delete
29begin insert(d)end insertbegin insert end insertbegin insertTheend insert vesting of all right, title, and interest of the state in and
30to portions of any state highways heretofore relinquished by the
31commission, in the county or city to which it was relinquished, is
32hereby confirmed.
33 Prior
end delete
34begin insert(e)end insertbegin insert end insertbegin insertPriorend insert to relinquishing any portion of a state highway to a
35county or a city, except where required by legislative enactment,
36the department shall give 90 days’ notice in writing of intention
37to relinquish to the board of supervisors, or the city council, as the
38case may be. Where
the resolution of relinquishment contains a
39recital as to the giving of the notice, adoption of the resolution of
P3 1relinquishment shall be conclusive evidence that the notice has
2been given.
3 The
end delete
4begin insert(f)end insertbegin insert end insertbegin insertTheend insert commission shall not relinquish to any county or city
5any portion of any state highway that has been superseded by
6relocation until the department has placed the highway, as defined
7in Section 23, in a state of good repair. This requirement shall not
8obligate the department for widening, new construction, or major
9reconstruction, except as the commission may direct. A state of
10good repair requires maintenance, as defined in Section 27,
11including litter removal, weed control,
and tree and shrub trimming
12to the time of relinquishment.
13 Within
end delete
14begin insert(g)end insertbegin insert end insertbegin insertWithinend insert the 90-day period, the board of supervisors or the
15city council may protest in writing to the commission stating the
16reasons therefor, including, but not limited to, objections that the
17highway is not in a state of good repair, or is not needed for public
18use and should be vacated by the commission. In the event that
19the commission does not comply with the requests of the protesting
20body, it may proceed with the relinquishment only after a public
21hearing given to the protesting body on 10 days’ written notice.
O
99