Law:Division 16.5. State Transportation Corridor Preservation (California)
From Law Delta
Chapter 1. General Provisions And Definitions
Ca Codes (puc:161000-161004) Public Utilities Code Section 161000-161004
161000. (a) The Legislature finds and declares as follows: (1) Transportation is vital to the state's economy, and a complete transportation system is essential in times of disaster. (2) Transportation corridors should be protected from uses which are incompatible with transportation requirements. (3) Important potential transportation corridors are being developed for other purposes. (b) It is, therefore, the intent of the Legislature in enacting this division to vest in the Department of Transportation responsibility for implementing a program of transportation right-of-way protection and conservation within essential transportation corridors by acquiring and holding transportation corridor lands which would otherwise be lost to public use. (c) It is the further intent of the Legislature in enacting this division to preserve land which is needed or will be needed for transportation corridors consistent with applicable environmental protection laws and regulations.
161001. As used in this division, "commission" means the California Transportation Commission.
161002. As used in this division, "department" means the Department of Transportation.
161003. As used in this division, "secretary" means the Secretary of the Business, Transportation and Housing Agency.
161004. As used in this division, "transportation corridor" means an area or one or more parcels of land that meets any of the following requirements: (a) Designated by the commission as necessary under the adopted state transportation improvement plan. (b) Designated by a transportation planning agency, county transportation commission, or the San Diego County Metropolitan Transit Development Board as necessary under the adopted regional transportation implementation plan. (c) Within the adopted route of a state highway. (d) Within the adopted route of a county or city highway or exclusive mass transit guideway which is consistent with the county or city general plan. (e) Designated by the commission as being within one of two or more proposed routes or alignments for a state highway.
Chapter 2. Duties And Functions
Ca Codes (puc:161020-161031) Public Utilities Code Section 161020-161031
161020. The department may apply for and accept federal grants and receive gifts, donations, subventions, rents, royalties, and other financial support from public and private sources for purposes of this division.
161021. The department may serve as a repository for lands located within a transportation corridor where the preservation of those lands is required by the department or an agency of local government to meet its transportation policies and objectives, and may accept a dedication of fee title, easements, development rights, or other interest in lands for this purpose.
161022. On an annual basis, or as may be otherwise required by the secretary, the department shall report to the secretary regarding privately owned lands determined to have special significance for purposes of preserving a transportation corridor and which might be the subject of an exchange for other state lands. Specific privately owned land shall be included in the report only with the consent of the owner.
161023. The department may acquire land or any interest therein for purposes of this division pursuant to procedures applicable to the acquisition of land by the department or the commission. If other means of acquisition have not been successful, the department may exercise the power of eminent domain for these purposes. The power of eminent domain may only be exercised to acquire land which is necessary for construction of the relevant highway route or guideway alignment, and shall not include land for rest stops or other ancillary uses.
161024. (a) The department may sell, rent, lease, exchange, or otherwise transfer any land or interest therein acquired under this division pursuant to an implementation plan adopted by the department. Any lease entered into under this division shall be for not more than 20 years. (b) Except as otherwise provided by law or by agreement, the proceeds of the sale, rental, lease, exchange, or transfer of land or interest therein, including any rent or other income from land held by the department, shall be deposited in the State Highway Account in the State Transportation Fund.
161025. The department shall develop and implement procedures to ensure that land acquisition, leasing, options to purchase, disposal, and other transactions in land under this division are carried out efficiently and equitably and with proper notice to the public.
161027. (a) The department shall cooperate with federal, state, and local public agencies in ensuring the reservation of lands for transportation purposes. (b) If any state or local public agency is unable, due to limited financial resources or other circumstances of a temporary nature, to acquire land for transportation purposes, the department may acquire and hold that land for subsequent conveyance to the public agency. The department may provide technical assistance to aid public agencies in completing those acquisitions and related functions.
161028. (a) The department shall not hold any land acquired under this division for more than 20 years from the time of acquisition. A state or local public agency may acquire the land at any time during this period for transportation purposes. The acquisition price to a state or local public agency shall be based upon the cost of acquisition under this division plus administrative and management costs in preserving the land. The payment of this acquisition price shall be either monetary or in department-approved land of an equivalent value, or a combination thereof. No land acquired under this section shall be disposed of under Section 11011.1 of the Government Code. (b) If, at the expiration of a 20-year period, no public agency is willing or able to acquire the land, the department shall dispose of the land at fair market value without restriction on its subsequent use under this division. All proceeds of a disposition under this subdivision shall be deposited in the State Highway Account in the State Transportation Fund.
161029. If the department acquires any land prior to the adoption of a specific route or alignment by the commission, the commission shall disregard that land in the study and adoption of routes and alignments.
161030. There is hereby appropriated from the State Highway Account in the State Transportation Fund to the department the amount of the proceeds of all sales, except the proceeds of sales pursuant to Section 14528.8 of the Government Code, leases, and rentals, on and after January 1, 1991, of land acquired by the department for transportation purposes, until a total of twenty-five million dollars ($25,000,000) has been so appropriated, to be expended by the department for the purposes of this division.
161031. The department shall comply with applicable environmental protection laws and regulations when taking any action authorized by this division.