§ 130220.5. — 130220.5. (Amended by Stats. 1992, Ch. 613, Sec. 1.)

California § 130220.5.

• Jurisdiction: California
• Code PUC: Public Utilities Code - PUC
• Div. 12.: DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS
• Ch. 4.: CHAPTER 4. Powers and Functions
• Art. 2.: ARTICLE 2. Contracts

Text

(a)
The commission has the power of eminent domain to take any property necessary, incidental, or convenient to the exercise of its powers pursuant to this division.
(b)
The commission may exercise the power of eminent domain to acquire property outside its territorial limits for environmental mitigation purposes only if otherwise authorized by law and only to the extent so authorized, and only with the consent of the board of supervisors of the county in which the mitigation will occur.
(c)
No action to acquire property by eminent domain within any incorporated city or within the unincorporated area of any county shall be commenced unless written notice is given to the legislative body of the affected city or county, as the case may be, in accordance with Section 1245.235 of the Code of Civil Procedure, and the affected city or county, as the case may be, shall have the same rights to a hearing before the commission as a person to whom notice is otherwise required to be given under that section.

Legislative History

Amended by Stats. 1992, Ch. 613, Sec. 1. Effective January 1, 1993.