CHAPTER 6. Highway Proceedings Affecting Private Property [854. - 876.]

Heading of Chapter 6 added by Stats. 1935, Ch. 689.

§§ 854–876 · 17 sections

1. ARTICLE 1. Change of Grade §§ 854–859 · 6 sections

   • § 854 Whenever the commission shall deem it expedient to alter the established grade of any State highway, or portion thereof, within a city, the commission may by…
   • § 855 Notice of such proposed change of grade shall be given by posting and publication of such resolution. Publication shall be made at least once a week for two…
   • § 856 Within sixty days after the completion of posting, any person may make and file at the place specified in said resolution his written objection to such…
   • § 857 After the expiration of such sixty day period, the commission may by resolution officially change and reestablish the official grade of said highway in…
   • § 858 The department shall not make any change in the physical grade of said highway affecting any property as to which an objection has been filed until it has been…
   • § 859 In the event that such changed grade of a State highway fails to meet the grade of any intersecting or intercepting highway, the department is authorized and…
2. ARTICLE 2. Establishment of Boundaries §§ 862–870 · 9 sections

   • § 862 The department may proceed as provided in this article to establish the boundaries of any State highway right of way where such boundaries are unknown or…
   • § 863 A right of way map shall be filed as provided in section 128, showing such boundaries as are claimed by the State. Such map shall delineate such boundaries to…
   • § 864 After filing such map, the department shall publish a notice at least once in a newspaper of general circulation published in the county wherein the unknown or…
   • § 865 Within fifteen days from the publication of such notice, the department shall post signs along and approximately on the boundaries delineated on such map in…
   • § 866 The department shall restore any such signs which have been destroyed or become illegible in the third month after the first posting.
   • § 867 Any owner of property abutting on any highway, the boundary of which is so proposed to be established, who disputes the correctness of the highway boundary…
   • § 868 Any owner who fails to file such objection within such six months period waives his right to object and is conclusively presumed to have agreed to the boundary…
   • § 869 If an objection is filed the department shall not perform any work on the property claimed by the objector until it has been finally determined by a court of…
   • § 870 The proceedings hereby authorized may be taken only to establish the boundary of a public easement for highway purposes, and it is not presumed that any…
3. ARTICLE 3. Procedure §§ 875–876 · 2 sections

   • § 875 The procedure provided in this chapter is not exclusive and shall not prohibit the department from proceeding in any other manner authorized by law.
   • § 876 Nothing in this chapter shall be construed as a waiver of any right heretofore acquired by the public for highway purposes and no proceeding authorized in this…