Bill Text: CA SB236 | 2015-2016 | Regular Session | Chaptered

California Senate Bill 236 (Prior Session Legislation)

Bill Title: Public streets, highways, and public service easements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-28 - Chaptered by Secretary of State. Chapter 353, Statutes of 2015. [SB236 Detail]

Download: California-2015-SB236-Chaptered.html

BILL NUMBER: SB 236	CHAPTERED
	BILL TEXT

	CHAPTER  353
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2015
	PASSED THE SENATE  AUGUST 31, 2015
	PASSED THE ASSEMBLY  AUGUST 27, 2015
	AMENDED IN ASSEMBLY  JUNE 24, 2015
	AMENDED IN SENATE  APRIL 29, 2015
	AMENDED IN SENATE  APRIL 20, 2015
	AMENDED IN SENATE  APRIL 15, 2015
	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Beall

                        FEBRUARY 17, 2015

   An act to add and repeal Section 8334.6 of the Streets and
Highways Code, relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 236, Beall. Public streets, highways, and public service
easements.
   The Public Streets, Highways, and Service Easements Vacation Law
establishes procedures for the vacation of public streets, highways,
and service easements. Under existing law, the legislative body of a
local agency may summarily vacate a street or highway that has been
impassable for vehicular travel for 5 years and no public money has
been expended for maintenance of the street or highway during that
period. Existing law provides that an easement may be reserved and
excepted from a vacation of a street, highway, or public service
easement, as specified.
   This bill would authorize the legislative body of the City of San
Jose to summarily vacate a public service easement located between
Casselino Drive and Mullinix Way in the City of San Jose that is
impassable for vehicular travel, if the legislative body finds that
the vacation will protect the public safety or serve the public
interest and convenience. The bill would authorize the legislative
body of the City of San Jose to reserve and except from that vacation
an easement and right to construct, maintain, operate, replace,
remove, and renew a nonvehicular pathway for use by the public in,
upon, over, and across the public service easement proposed to be
vacated. The bill would repeal these provisions as of January 1,
2018.
   This bill would make legislative findings and declarations as to
the necessity for a special law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8334.6 is added to the Streets and Highways
Code, to read:
   8334.6.  (a) The legislative body of the City of San Jose may
summarily vacate a public service easement located between Casselino
Drive and Mullinix Way in the City of San Jose that is impassable for
vehicular travel, if the legislative body finds that the vacation
will protect the public safety or otherwise serve the public interest
and convenience.
   (b) In addition to Section 8340, the legislative body of the City
of San Jose may reserve and except from the vacation authorized by
subdivision (a) an easement and right to construct, maintain,
operate, replace, remove, and renew a nonvehicular pathway for use by
the public in, upon, over, and across the public service easement
proposed to be vacated.
   (c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances facing the City of San Jose with
respect to the vacation of a public service easement located between
Casselino Drive and Mullinix Way in the City of San Jose that is
impassable for vehicular travel.