BILL NUMBER: SB 1345	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 11400 of the Streets and Highways Code is
amended to read:
   11400.  If following the hearing the legislative body 
shall determine   determines  that the pedestrian
mall shall be established, and if at that time there remain any
written claims for damages  which   that 
have not been allowed pursuant to Section 11310 or  which
  that  have not been withdrawn, the legislative
body shall direct that an action or actions be brought in the
superior court in the name of the city by the county counsel,
district attorney, or city attorney, as the case may be, or other
attorney designated by the legislative body for a determination of
the damages, if any, to which the claimant may legally be entitled
because of the establishment of the pedestrian mall.  Such
  The  action shall be in the nature of a
proceeding in eminent domain for the condemnation of the right or
rights in real property, the taking of which by the establishment of
the pedestrian mall results in the damages claimed. Except as may
otherwise be provided in this part,  such   the
 action and proceeding shall be governed so far as the same may
be made applicable by the provisions relating to proceedings in
eminent domain. Except as provided in Article 2 (commencing with
Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of
Civil Procedure, in any  such  action the resolution
of intention adopted pursuant to this part and the resolution
adopted under Section 11311 conclusively establish the matters
referred to in Section 1240.030 of the Code of Civil Procedure.