PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300. - 8363.]

Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29.

§§ 8300–8363 · 53 sections

1. CHAPTER 1. Short Title and Definitions §§ 8300–8309 · 12 sections

   • § 8300 This part may be cited as the Public Streets, Highways, and Service Easements Vacation Law.
   • § 8301 Unless the provision or context otherwise requires, the definitions in this chapter shall govern the construction of this part.
   • § 8302 “Adoption” of a resolution includes passage or enactment of a resolution.
   • § 8303 “Clerk” includes a person or officer who is the clerk of a legislative body.
   • § 8304 “Legislative body” means: (a) In the case of a county or city and county, the board of supervisors. (b) In the case of a city, the city council or other body…
   • § 8305 “Local agency” means a county, city, or city and county.
   • § 8305.5 “Public entity” means a local agency or the California Transportation Commission.
   • § 8306 “Public service easement” includes all or part of, or any right in: (a) A right-of-way, easement, or use restriction acquired for public use by dedication or…
   • § 8306.5 “Public utility” means a public utility as defined in Section 216 of the Public Utilities Code.
   • § 8307 “Resolution” includes an ordinance.
   • § 8308 “Street” and “highway” include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place,…
   • § 8309 “Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement.
2. CHAPTER 2. General Provisions §§ 8310–8317 · 8 sections

   • § 8310 This part shall be liberally construed in order to effectuate its purposes.
   • § 8311 (a) The procedures provided in this part are alternative procedures for vacating streets, highways, and public service easements. The authority granted in this…
   • § 8312 Except as provided in Section 8315, a city legislative body may vacate, pursuant to this part, all or part of a street, highway, or public service easement…
   • § 8313 (a) If the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the…
   • § 8314 Section 892 applies to a street, highway, or public service easement vacated pursuant to this part.
   • § 8315 A state highway may be vacated under this part only by the commission.
   • § 8316 One or more streets, highways, and public service easements, whether or not contiguous, may be included and vacated in the same proceeding.
   • § 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…
3. CHAPTER 3. General Vacation Procedure §§ 8320–8325 · 6 sections

   • § 8320 (a) The legislative body of a local agency may initiate a proceeding under this chapter in either of the following ways: (1) On its own initiative, where the…
   • § 8321 (a) Ten or more freeholders may petition the board of supervisors to vacate a street or highway under this chapter. At least two of the petitioners shall be…
   • § 8322 (a) Except as provided in subdivisions (b) and (c), notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior…
   • § 8323 At least two weeks before the day set for the hearing, the legislative body shall post conspicuously notices of vacation along the line of the street, highway,…
   • § 8324 (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence…
   • § 8325 (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate…
4. CHAPTER 4. Summary Vacation §§ 8330–8336 · 9 sections

   1. ARTICLE 1. Authority §§ 8330–8334.5 · 7 sections

      • § 8330 (a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation. (b) A street or highway shall not…
      • § 8330.5 (a) Subject to subdivisions (b) and (c), the commission may retain, relinquish to a local agency pursuant to Section 73, or summarily vacate a state highway…
      • § 8331 The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive…
      • § 8332 The legislative body of a local agency may summarily vacate a street or highway pursuant to an agreement entered into with the department pursuant to Section…
      • § 8333 The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335,…
      • § 8334 The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or…
      • § 8334.5 Notwithstanding any other provision of this article, a street, highway, or public service easement may not be summarily vacated if there are in-place public…
   2. ARTICLE 2. Procedure §§ 8335–8336 · 2 sections

      • § 8335 (a) (1) The legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this chapter by adopting a…
      • § 8336 (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate…
5. CHAPTER 5. Reservation and Preservation of Easements §§ 8340–8349 · 7 sections

   1. ARTICLE 1. Reservation of Easements §§ 8340–8341 · 2 sections

      • § 8340 In a proceeding to vacate a street or highway: (a) A public entity may reserve and except from the vacation the easement and right at any time, or from time to…
      • § 8341 (a) In a proceeding to vacate a street or highway, if the legislative body determines that the public convenience and necessity require the reservation and…
   2. ARTICLE 2. Preservation of Public Easements §§ 8345–8349 · 5 sections

      • § 8345 As used in this article, “public body” means a city or special district as defined in Section 54775 of the Government Code.
      • § 8346 (a) A public body or public utility may request a local agency for notice of proceedings to vacate a street or highway. (b) Every local agency shall maintain…
      • § 8347 If a public body or public utility has requested notice of the vacation proceeding under Section 8346, the local agency shall give written notice of the…
      • § 8348 (a) Within 30 days after receipt of the notice of the vacation proceeding, the public body may: (1) Determine that public convenience and necessity require a…
      • § 8349 Nothing in this article shall be construed to: (a) Affect any reservation or the right to reserve easements pursuant to this chapter or any other provision of…
6. CHAPTER 6. Effect of Vacation §§ 8350–8357 · 7 sections

   1. ARTICLE 1. Effect on Property Rights §§ 8350–8353 · 4 sections

      • § 8350 Except as provided in Chapter 5 (commencing with Section 8340), the vacation of a street, highway, or public service easement extinguishes all public easements…
      • § 8351 Except as otherwise provided in Chapter 5 (commencing with Section 8340) or in this chapter, upon the vacation of a street, highway, or public service…
      • § 8352 (a) Except as provided in Section 8353, vacation of a street, highway, or public service easement pursuant to this part does not affect a private easement or…
      • § 8353 (a) Except as provided in subdivision (b), the vacation of a street or highway extinguishes all private easements therein claimed by reason of the purchase of…
   2. ARTICLE 2. Disposition of Excess Property §§ 8355–8357 · 3 sections

      • § 8355 If the legislative body of a public entity determines that property previously subject to a street, highway, or public service easement, title to which is…
      • § 8356 (a) Notwithstanding Section 8311, if a street or highway is vacated by a local agency under this part, or under any other law or under its charter, for the…
      • § 8357 The purchase price for any property sold by the legislative body of a local agency pursuant to this article shall be paid into the treasury of the local agency…
7. CHAPTER 7. Agreements Limiting Vacation §§ 8360–8363 · 4 sections

   • § 8360 A local agency may, by written contract, agree with another local agency that a street or highway running from either of the local agencies to, in, through, or…
   • § 8361 A written agreement between any local agencies made and ratified prior to January 1, 1981, by the respective legislative bodies of both local agencies and…
   • § 8362 Whenever a written agreement is made pursuant to Section 8360, or has been made and is ratified by Section 8361, each contracting local agency has a public…
   • § 8363 Every agreement between local agencies made in accordance with the provisions of this chapter shall be recorded in the office of the county recorder of each…