DIVISION 9. CHANGE OF GRADE AND VACATION [8000. - 8363.]
Division 9 added by Stats. 1941, Ch. 79.
§§ 8000–8363 · 153 sections
PART 1. CHANGE OF GRADE ACT OF 1909 §§ 8000–8062 · 30 sections
CHAPTER 1. General Provisions §§ 8000–8009 · 10 sections
- § 8000 This part may be cited as the Change of Grade Act of 1909.
- § 8001 This part shall be liberally construed in order to effectuate its purposes.
- § 8002 “City” includes all corporations organized and existing for municipal purposes.
- § 8003 “City council” and “council” include any body which by law is the legislative department of the government of the city.
- § 8004 “Clerk” and “city clerk” include any person or officer who is clerk of the city council.
- § 8005 “Street superintendent” includes any person, officer or board whose duty it is under the law to have the care or charge of streets, or the improvement thereof,…
- § 8006 “Street” includes public street, lane, alley, court, or other place.
- § 8007 “Ordinance” includes resolution.
- § 8008 Proof of publication of any notice required by this part shall be made by affidavit, as provided in the Code of Civil Procedure, and proof of the posting of…
- § 8009 This part provides an alternative system of proceedings for changing or modifying the grades of streets in cities; and the provisions of this part shall not…
CHAPTER 2. The Ordinance of Intention §§ 8020–8026 · 7 sections
- § 8020 The city council of any city may change or modify the grade of streets therein, in the manner provided in this part.
- § 8021 The election of the city council to proceed under the provisions of this part shall be expressed in its ordinance of intention to order any change or…
- § 8022 Before any change or modification of grade is ordered, the city council shall pass an ordinance of intention to order such change or modification of grade. The…
- § 8023 The ordinance of intention shall be posted conspicuously for two days on or near the chamber door of the city council, and shall be published by two insertions…
- § 8024 The street superintendent shall thereupon cause copies of the notice of the passage of the ordinance of intention to be conspicuously posted along all streets…
- § 8025 The notice shall be headed “Notice of Change of Grade,” in letters of not less than one inch in height, and shall in legible characters state the fact of the…
- § 8026 The street superintendent shall also cause a notice similar in substance to be published for six days in a daily newspaper published and circulated in the…
CHAPTER 3. Protests and Hearing §§ 8040–8049 · 10 sections
- § 8040 Any person owning any real property fronting upon any street or portion thereof on which such change or modification of grade is proposed to be made, may,…
- § 8041 Every protest shall contain a description of the property owned by each signer thereof, sufficient to identify the property, and if signed by more than one…
- § 8042 The clerk of the city council shall indorse on every protest the date it is filed with him and at the next regular meeting of the city council after the…
- § 8043 If the city council finds that such protests are signed by the owners of a majority of the frontage of the property fronting on the street or portion thereof…
- § 8044 If the ordinance of intention designates any street or portion thereof, the grade of which is proposed to be changed or modified, and there is included in the…
- § 8045 If the city council finds that: (a) Such protests are not signed by the owners of a majority of the property fronting on the street or portion thereof on which…
- § 8046 Thereupon the city council shall cause notice of the time and place of such hearing to be published for two days in a daily newspaper published and circulated…
- § 8047 At the time and place appointed for the hearing of protests or at any time to which the hearing thereof may be continued, the city council shall hear and pass…
- § 8048 Except as otherwise provided in this chapter, the person owning the fee or the person in whom, on the day any protest or petition is filed, the legal title to…
- § 8049 In the case of property held by tenancy in common, if any cotenant signs a protest under this part, only the proportionate share of the frontage thereof…
CHAPTER 4. Ordering the Change of Grade §§ 8060–8062 · 3 sections
- § 8060 If no protests are filed within the time provided, or if protests are filed and after hearing are denied, as provided in this part, the city council shall…
- § 8061 The ordinance ordering the change or modification of grade shall be published by two insertions in a daily or by one insertion in a weekly newspaper published…
- § 8062 If the grade of any street or portion thereof has been heretofore or is hereafter changed or modified, nothing in this part shall be construed to prevent any…
PART 2. SEPARATION OF GRADE DISTRICTS §§ 8100–8297 · 70 sections
CHAPTER 1. General Provisions §§ 8100–8101 · 2 sections
CHAPTER 2. Formation of District §§ 8115–8127 · 14 sections
- § 8115 Separation of grade districts may be formed as provided in this part and may exercise the powers herein granted. Any such district shall consist of contiguous…
- § 8116 Whenever the board of any county finds that the safety and welfare of the residents of contiguous areas within the county require formation of a district to…
- § 8117 The resolution shall contain all of the following: (a) A statement of intention to form the district and of the necessity for and purpose of its formation. (b)…
- § 8118 The resolution shall be published at least once a week for two weeks, at the discretion of the board, in a newspaper of general circulation published in the…
- § 8119 The hearing may be continued from time to time and from place to place for not exceeding a total of sixty days by public declaration thereof, and no other…
- § 8120 At the hearing the board shall hear all relevant and pertinent objections to the formation of or extent of the district and may, in its discretion, hear…
- § 8121 At the hearing, or within twenty days after the adjournment thereof, the board shall determine: (a) Whether the proposed district shall be formed. (b) What, if…
- § 8121.5 The board shall exclude uninhabited farm acreage from the district as not benefited. For the purpose of this section, “farm acreage” means any land which is…
- § 8122 If the board determines that the district shall be formed, it shall by resolution: (a) Describe the territorial extent of the proposed district. (b) State the…
- § 8123 The resolution shall be published at least once a week for two weeks in a newspaper of general circulation published in the proposed district. The first…
- § 8124 Except where inconsistent with the provisions of this part, the election shall be held and conducted as provided by law for the holding of special elections in…
- § 8125 The canvass of the returns of the election shall be made at the same time in the same manner and by the same officers as provided by law for special elections…
- § 8126 If a majority of votes cast in each city and if a majority of votes cast in the unincorporated area within the proposed district are favorable, the board…
- § 8127 A certified copy of the resolution shall be recorded in the office of the county recorder of the county in which the district is situated and filed with the…
CHAPTER 3. The Commission §§ 8130–8134 · 6 sections
- § 8130 Upon the completion of the formation of the district, if the district is comprised of one city and unincorporated territory, the board shall appoint a…
- § 8130.1 Upon the completion of the formation of the district, if the district is comprised of two or more cities and unincorporated territory, the board shall appoint…
- § 8131 The commissioners first appointed shall so classify themselves by lot, that one member holds office for one year, one for two years, one for three years, and…
- § 8132 Each commissioner shall serve until the appointment and qualification of his successor. Vacancies shall be filled for the unexpired term.
- § 8133 Within twenty days after their appointment, the commissioners shall meet and elect one member president, one member vice-president, and one member secretary.…
- § 8134 The commission is authorized to pay each commissioner an amount not to exceed one hundred dollars ($100) for each meeting of the commission attended by the…
CHAPTER 4. Powers and Duties of the Commission § 8145 · 1 section
- § 8145 The commission has all of the following powers: (a) To sue and be sued in its own name. (b) To adopt a seal. (c) To lay out, establish, construct, and maintain…
CHAPTER 5. Preliminary Plans and Surveys §§ 8160–8161 · 2 sections
- § 8160 Before the construction of any project, and before the calling of any election for the issuance of bonds, the commission shall employ one or more engineers, or…
- § 8161 Notwithstanding the provisions of Section 8117, upon the completion of the surveys referred to in Section 8160 and upon recommendation of the engineer or…
CHAPTER 7. Approval of Construction Plans §§ 8190–8195 · 7 sections
- § 8190 At any time after the adoption of a plan for a project or the letting of a contract for the construction of the whole or any portion of the project, the…
- § 8191 The order shall fix the day of the election, shall describe the exact location of each project for which bonds are to be issued, shall specify the amount of…
- § 8192 Notice of the election shall be given in the manner and for the time provided for in Section 8123. The election shall be held and conducted in the same manner…
- § 8192.5 On the ballot at the election each project shall be submitted as a separate proposition, together with a description of the exact location of the project and a…
- § 8193 After the vote has been counted and the result announced by the election officers, the ballots shall be sealed up and delivered to the secretary of the…
- § 8194 If at the election two-thirds, or more, of the votes cast on a proposition are in favor of the issuance of bonds for the project described in the proposition…
- § 8195 A project may be constructed with money raised by taxation instead of a bond issue if authorized by two-thirds, or more, of the votes cast at an election…
CHAPTER 8. The Bond Issue §§ 8205–8210 · 6 sections
- § 8205 All bonds shall be issued in such denominations as the commission may determine, except that they shall be not less than one hundred dollars ($100) nor more…
- § 8206 All bonds shall be payable in lawful money of the United States at the office of the county treasurer of the county, and shall bear interest at a rate not to…
- § 8207 The bonds shall be signed by the president and countersigned by the secretary of the commission. They shall be numbered consecutively in the order of their…
- § 8208 The bonds may be sold by the commission in such manner and such quantities as it may determine, but no bond shall be sold for less than its face value.
- § 8209 The proceeds of the sale of the bonds shall be deposited with the county treasurer and shall be placed by him in a fund in the county treasury to be called the…
- § 8210 The bonds shall be legal investment: for all trust funds; the funds of all insurance companies, banks, and trust companies; the state school funds, and for all…
CHAPTER 9. Levy and Collection of Taxes §§ 8220–8223 · 4 sections
- § 8220 Annually on or before August 1st, the commission shall furnish to the board of supervisors and auditor of the county an estimate in writing of the amount of…
- § 8221 Annually at the time of levying county taxes, the board of supervisors shall levy a tax upon the real property within the district. The rate shall be such as…
- § 8222 The tax so levied shall be computed and entered on the assessment roll by the county auditor, and if the board fails to levy the tax the auditor shall do so.…
- § 8223 All money raised by taxation which is authorized by this chapter shall belong to the district.
CHAPTER 9.5. Claims § 8230 · 1 section
- § 8230 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 10. District Funds §§ 8235–8236 · 2 sections
- § 8235 The treasury of the county in which the district is situated shall be the depository for the funds of the district. The county treasurer shall receive and…
- § 8236 The following funds are hereby established in the county treasury to which the money belonging to the district and raised by taxation shall be apportioned by…
CHAPTER 11. Transfer of Projects § 8237 · 1 section
- § 8237 After any project has been completely constructed the commission may at its option convey all the right, title and interest of the district in and to that…
CHAPTER 12. Dissolution §§ 8250–8252 · 3 sections
- § 8250 Whenever it shall deem it advisable, the commission shall, by resolution, order that an election be held in the district upon the question of dissolution of…
- § 8251 Upon dissolution of a district containing a single city, any property which may have been acquired by the district shall vest in the city, except projects…
- § 8252 If at the time of the election to dissolve the district there is outstanding any bonded indebtedness of the district, the vote to dissolve shall dissolve the…
CHAPTER 13. Determination of Legality of District §§ 8265–8269 · 5 sections
- § 8265 Any district, in order to determine the legality of its existence, may institute a proceeding in the superior court of the county.
- § 8266 The proceeding is instituted by filing with the clerk of the court a complaint setting forth: (a) The name of the district. (b) Its exterior boundaries. (c)…
- § 8267 The summons shall be addressed generally to all persons interested in the district, or in any of the lands contained in the district, and shall be served by…
- § 8268 Within 30 days after the last publication of summons, any person interested may appear and answer the complaint. The answer shall set forth the facts relied…
- § 8269 If any provision of this part is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this part.…
CHAPTER 14. Annexation of Territory §§ 8275–8282 · 8 sections
- § 8275 At any time after the formation of a district the board may determine that contiguous territory should be annexed to the district.
- § 8276 The board shall fix a time and place for hearing of the matter of annexation and shall direct its clerk to publish a notice pursuant to Section 6066 of the…
- § 8277 The notice shall contain a description of the territory proposed to be annexed and the time and place at which objections to the annexation will be heard.
- § 8278 At the time and place of hearing, or at any time to which it is continued, the board shall consider any objections which may be filed against the annexation of…
- § 8279 After the hearing the board may refuse to annex any territory to the district or it may include all or a portion of the territory proposed to be annexed. If…
- § 8280 Any territory which will not be benefited by inclusion in the district shall not be included in the district.
- § 8281 The order of annexation shall be conclusive evidence of the validity of all prior proceedings leading to the annexation recited therein and upon the making of…
- § 8282 The procedure prescribed in this part shall be the exclusive method of formation of such district and of annexation of territory to a district.
CHAPTER 15. Annexation of Territory Annexed to or Included in a City §§ 8290–8297 · 8 sections
- § 8290 Subject to the provisions of Chapter 8 of Part 1, Division 2, Title 5 of the Government Code, the unincorporated territory of a county which was not included…
- § 8291 Prior to the completion of proceedings for the annexation or inclusion of unincorporated territories to or within a city which is a part of a separation of…
- § 8292 The resolution shall be published pursuant to Section 6066 of the Government Code in the territory proposed to be annexed or included. The first publication…
- § 8293 The hearing may be continued from time to time and from place to place for not exceeding a total of 60 days by public declaration thereof, and no other notice…
- § 8294 At the hearing, the city council shall hear all relevant and pertinent objections to inclusion of any portion or portions of the territory within the district…
- § 8295 At the hearing, or within 20 days after the adjournment thereof, the city council shall by resolution determine what, if any, portion or portions of the…
- § 8296 Upon the completion of the annexation or inclusion of the unincorporated territory described in Section 8290 to a city, the clerk of the legislative body of…
- § 8297 Upon receipt of the certified copy of the resolution or ordinance, and resolution, referred to in Section 8296, the secretary of the commission of the district…
PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW §§ 8300–8363 · 53 sections
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.
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…
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…
CHAPTER 4. Summary Vacation §§ 8330–8336 · 9 sections
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…
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…
CHAPTER 5. Reservation and Preservation of Easements §§ 8340–8349 · 7 sections
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…
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…
CHAPTER 6. Effect of Vacation §§ 8350–8357 · 7 sections
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…
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…
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…