BILL NUMBER: AB 2235	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 24, 2012

   An act to add Section 610.5 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2235, as introduced, Hagman. Public utilities: inverse
condemnation.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, as defined. The Public Utilities
Act authorizes public utilities that are under the regulatory
authority of the commission to condemn any property necessary for the
construction and maintenance of utility services by the utility.
   This bill would authorize an owner of property to seek
compensation for any substantial reduction in the value of the
property proximately resulting from the building, expansion, or
operation of a plant, line, pipeline, or other facility by a public
utility. The bill would provide that the evidentiary rules and rules
of civil procedures applicable to inverse condemnation actions would
apply to such an action.
   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 610.5 is added to the Public Utilities Code, to
read:
   610.5.  The owner of property make seek compensation for any
substantial reduction in the value of the property proximately
resulting from the building, expansion, or operation of a plant,
line, pipeline, or other facility by a public utility. In any action
brought pursuant to this section, the evidentiary rules and rules of
civil procedures applicable to inverse condemnation actions shall
apply, including Sections 1036, 1245.260, 1263.530, and 1268.311 of
the Code of Civil Procedure and Section 822 of the Evidence Code.