BILL NUMBER: AB 283 CHAPTERED 09/28/99 CHAPTER 546 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1999 APPROVED BY GOVERNOR SEPTEMBER 28, 1999 PASSED THE ASSEMBLY SEPTEMBER 9, 1999 PASSED THE SENATE SEPTEMBER 7, 1999 AMENDED IN SENATE JULY 1, 1999 AMENDED IN ASSEMBLY APRIL 5, 1999 AMENDED IN ASSEMBLY MARCH 11, 1999 INTRODUCED BY Assembly Member Longville FEBRUARY 4, 1999 An act to amend Section 760 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 283, Longville. Highways: property acquisition: county cooperation. Existing law authorizes a county board of supervisors, by resolution passed by a 4/5 vote, to proceed to acquire any real property or interest that has been determined both to promote the interests of the county and to be necessary for state highway purposes, and is recommended by the Department of Transportation. Existing law authorizes the acquisition to be by eminent domain and provides that the specified resolution is the only preliminary procedure required prior to the commencement of condemnation proceedings. This bill would, following the adoption of the resolution and based on that resolution, authorize the department to condemn the same property or interest that is described in both the resolution and the department's recommendation. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 760 of the Streets and Highways Code is amended to read: 760. (a) If the board of supervisors of any county determines, by a four-fifths vote of the membership of the board, that the acquisition or contribution authorized under this section will promote the interests of the county and the acquisition or contribution is recommended in writing by the department, the board, by resolution passed by a four-fifths vote of its members, may proceed to do either or both of the following: (1) Acquire any real property or interest needed for state highway purposes and described in the department's written recommendation. The board shall proceed, if necessary, to condemn the real property or any interest therein. The title to the property or interest may be taken in the name of the state or the county. The resolution of the board is the only preliminary procedure required prior to the acquisition of the property or interest, or to the commencement of a condemnation proceeding, except that if the acquisition is by eminent domain, the resolution shall be one that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure. (2) Contribute bridges, fencing, money, labor, materials, and appurtenances toward the construction of state highways within the limits of the county. (b) After the board has adopted the resolution described in subdivision (a) and based on the terms of that resolution, the department may proceed to condemn any real property or interest that is described in both the department's recommendation and the board's resolution. (c) The acquisitions or contributions authorized under this section shall be for the use of the state as provided in Section 762. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that more efficient condemnation procedures to acquire real property for state highway use take effect at the earliest possible time, it is necessary that this act take effect immediately.