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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 236	AMENDED
	BILL TEXT

	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, as amended, 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 street, highway, or 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  the   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 street, highway, or 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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) Notwithstanding any other provision of this chapter,
the legislative body of the City of San Jose may summarily vacate a
street, highway, or 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 street, highway,
or 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  streets, highways, and 
 a street, highway, or  public service  easements
  easement located between   Casselino Drive
and Mullinix Way in the City of San Jose  that  are
  is  impassable for vehicular travel.