BILL NUMBER: AB 522	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 15, 2011

   An act to amend Section 8317 of the Streets and Highways Code,
relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 522, as introduced, Bonilla. Vacation of public streets,
highways, and public service easements.
   Existing law establishes the processes and procedures necessary
for vacation of public streets, highways, and public service
easements, and defines "vacation" for these purposes to mean the
complete or partial abandonment or termination of the public right to
use a public street, highway, or public service easement. Under
these provisions, proof of publication of a required notice is made
by affidavit.
   This bill would make a nonsubstantive change 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 1.  Section 8317 of the Streets and Highways Code is
amended to read:
   8317.  (a) Proof of publication of a notice shall be made by
affidavit pursuant to the Code of Civil Procedure. Proof of the
posting of a notice shall be made by affidavit of the person posting
it, reciting the facts of the posting.
   (b) An officer required to have any notice published or posted
shall file the affidavit in his or her office. Failure to  do
so   file the affidavit  does not invalidate
proceedings under this part. An affidavit so filed is prima facie
evidence of the facts stated in it.