Senate BillNo. 1345


Introduced by Senator Berryhill

February 19, 2016


An act to amend Section 11400 of the Streets and Highways Code, relating to pedestrian malls.

LEGISLATIVE COUNSEL’S DIGEST

SB 1345, as introduced, Berryhill. Pedestrian malls: disputed claims.

The Pedestrian Mall Law of 1960 requires a legislative body, after determining that a pedestrian mall shall be established and that there remain any written claims for legal damages because of the establishment of the proposed mall to direct an action or actions be brought in superior court, as specified, to resolve those claims.

This bill would make nonsubstantive changes to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 11400 of the Streets and Highways Code
2 is amended to read:

3

11400.  

If following the hearing the legislative bodybegin delete shall
4determineend delete
begin insert determinesend insert that the pedestrian mall shall be established,
5and if at that time there remain any written claims for damages
6begin delete whichend deletebegin insert thatend insert have not been allowed pursuant to Section 11310 or
7begin delete whichend deletebegin insert thatend insert have not been withdrawn, the legislative body shall
8direct that an action or actions be brought in the superior court in
9the name of the city by the county counsel, district attorney, or
10city attorney, as the case may be, or other attorney designated by
11the legislative body for a determination of the damages, if any, to
P2    1which the claimant may legally be entitled because of the
2establishment of the pedestrian mall.begin delete Suchend deletebegin insert Theend insert action shall be in
3the nature of a proceeding in eminent domain for the condemnation
4of the right or rights in real property, the taking of which by the
5establishment of the pedestrian mall results in the damages claimed.
6Except as may otherwise be provided in this part,begin delete suchend deletebegin insert theend insert action
7and proceeding shall be governed so far as the same may be made
8applicable by the provisions relating to proceedings in eminent
9domain. Except as provided in Article 2 (commencing with Section
101245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil
11Procedure, in anybegin delete suchend delete action the resolution of intention adopted
12pursuant to this part and the resolution adopted under Section
1311311 conclusively establish the matters referred to in Section
141240.030 of the Code of Civil Procedure.



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