reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.3.

100.3. From and after the adoption of a resolution by the commission declaring any section of a state highway to be a freeway, the highway described in such resolution shall have the status of a freeway for all purposes of Section 100.2.
Such declaration shall not affect private property rights of access, and any such rights taken or damaged within the meaning of Section 19 of Article I of the California Constitution for such freeway shall be acquired in a manner provided by law.
No state highway shall be converted into a freeway except with the consent of the owners of abutting lands or the purchase or condemnation of their right of access thereto.
(Amended by Stats. 1980, Ch. 777, Sec. 14.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.45.

100.45. When the department constructs a freeway on the route selected pursuant to Section 100.4 the department shall meet and confer with affected counties and cities with respect to the design of the portion of the freeway to be constructed within the jurisdiction of the affected county or city.
(Amended by Stats. 1990, Ch. 1240, Sec. 2. Effective September 24, 1990.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.5.

100.5. Whenever the location of a State highway is such that a ferry must be used to completely traverse said highway, and there is no existing ferry furnishing service to traffic on said highway, the department may construct, maintain and operate such a ferry, or may, by cooperative agreement, delegate the construction, maintenance or operation thereof to a county, or if the termini of a ferry are within one or more cities, to the cities concerned. Whenever a highway between the termini of which a publicly owned ferry is used, is declared to be a State highway, the title to the ferry and all appurtenances thereto vests in the State. The department is authorized to promulgate reasonable rules and regulations governing the hours of operation of such ferries. The department may impose a charge of not to exceed one dollar per vehicle for the use of such ferries between the hours of 11 p.m. and 5 a.m.; provided, that in no event shall any charge be imposed on any ferry formerly operated by a county where the county maintained free ferry service for twenty-four hours per day at the time the ferry is or was taken over by the department. It is unlawful to operate on any such ferries or the approaches thereto, a vehicle of a size or weight or at a speed, greater than that which any such ferry or its approaches, with safety to itself and to the traveling public, will permit. The department shall determine the maximum size, weight and speed of vehicles which with safety can be permitted on such ferries and shall by appropriate signs notify the public of its determination. It is prima facie evidence of violation of this section to exceed the limit specified by the department upon such signs. The department is authorized to recover by civil action any damages done to such ferries or the approaches thereof by reason of a failure to comply with the provisions of this section and a violation of the limits specified on the signs erected by the department is prima facie evidence of such violation.
(Amended by Stats. 1937, Ch. 931.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.51.

100.51. Notwithstanding any provision of Section 100.5, whenever any bridge or highway crossing over a navigable waterway in this state, including, but not limited to, toll bridges or other toll highway crossings built or acquired under the provisions of the California Toll Bridge Authority Act, is closed to traffic because of accident thereto or repair thereof or is for any reason unable fully to accommodate traffic, the department may operate a vehicular or passenger ferry as a substitute therefor. In the operation of such vehicular or passenger ferry, the department may impose a toll for passage. For the purpose of imposing such toll, the department may employ any reasonable classification of vehicles, including, but not limited to, classification by weight, length, or number of axles.
(Added by Stats. 1971, Ch. 997.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.6.

100.6. The department may, on behalf of the State of California, enter into agreements with any adjoining state, or any proper agency of such state, for the construction, reconstruction, operation and maintenance, by any party to such agreement, in the manner and by such means as may be provided in the agreement, of bridges over interstate waters and may enter into like agreements with respect to construction, reconstruction, operation and maintenance of highways within this State or such adjoining state, when such highways are at or near the common boundary of the states. Payment for work done pursuant to such agreements may be made from any fund available to the department for highway purposes.
(Amended by Stats. 1951, Ch. 1124.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.7.

100.7. The department may, for the protection of the State of California, insure any bridge on the State Highway System acquired or constructed under provisions of the California Toll Bridge Authority Act against all risks in any amount up to the full insurable value thereof. In case of damage or destruction, the proceeds of such insurance shall be applied to the restoration of such bridge. Any such bridge may be so insured irrespective of the retirement of all indebtedness incurred for its acquisition or construction, and the cost of such insurance shall be paid from any funds available to the department for highway purposes.
Any such bridge, other than bridges over the San Francisco Bay, shall, after retirement of all indebtedness incurred for its acquisition or construction, be maintained and operated as a free bridge and the cost thereof charged to funds available for maintenance of state highways.
(Amended by Stats. 1953, Ch. 1056.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.9.

100.9. When any state highway is relocated in such a manner as to bypass a city or business district, the department shall erect and maintain appropriate directional signs, at the junction of the bypass and the road leading into such city or business district, and at a reasonable distance in advance of such junction, for the guidance of traffic desiring to enter the city or business district. Upon relinquishment of the bypassed highway to the county or city concerned, the signs, other than those designating the state or federal route number of such highway, previously erected on such highway shall be left in place by the department and thereafter shall be maintained by such county or city. When relinquishing any such bypassed highway, the department shall direct the attention of the county or city concerned to the provisions of this section regarding continued maintenance of such signs by the county or city.
(Amended by Stats. 1965, Ch. 551.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.

101. (a) The department shall keep in repair all objects or markers adjacent to a state highway which have been erected to mark registered historical places and shall keep such markers free from vegetation which may obscure them from view.
(b) When the Legislature, by concurrent resolution, has designated names for certain districts and state highway bridges, and requested the placing of name plaques at the boundaries of the districts or on the bridges, the department is authorized to expend reasonable sums for such plaques.
(c) Any major bridge not previously named by the Legislature may be named by the Legislature, by concurrent resolution, for a serviceman killed in action who was a resident of the county in which the bridge is located. The name shall be selected from names submitted to the department by veterans’ associations as defined by Section 1260 of the Military and Veterans Code.
(Amended by Stats. 1970, Ch. 1346.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.1.

101.1. (a) The department may place the state’s 9-1-1 emergency telephone number on road signs on all state highways at state entry points and county, city, and town limit entry points. The department shall place and maintain, or cause to be placed and maintained, on all state highways at the city limit of each incorporated city and at the limits of each unincorporated town, as determined by the department, a uniform road sign which sets forth the name of the city or town, its population, and its altitude, as determined by the department. Where the limits of a county, city, or town intersect a state highway at more than two points, the department, in its discretion, need erect the signs only at each of the two outermost points on the state highway where the intersection occurs.
(b) The department shall adopt specifications to provide for uniform signs of permanent character setting forth the information required in subdivision (a). The emergency telephone numbers shall be added to the road signs in subdivision (a) only when the signs are changed for other purposes.
(Amended by Stats. 1985, Ch. 683, Sec. 2.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.3.

101.3. The department shall submit all plans and specifications for any bridge or other structure across any river or other drainage channel or basin subject to the jurisdiction of the Reclamation Board for approval in accordance with the provisions of the Reclamation Board Act, and shall not construct any such bridge or structure without the approval of the said board. Whenever a bridge or other structure has been constructed according to plans and specifications which have been approved by the Reclamation Board, no change in or replacement or relocation of such bridge or structure shall be required by said board from funds appropriated for highway purposes without the consent of the department.
(Added by Stats. 1939, Ch. 315.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.4.

101.4. The department shall replace or cause to be replaced any city limit road sign if all the following conditions exist:
(a) If the legislative body of a city requests the replacement.
(b) If the request is based upon a substantial change of population evidenced by a special or general federal census.
(c) If no previous request has been made by the city within a period of five years.
(Added by renumbering Section 101.3 by Stats. 1961, Ch. 57.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.5.

101.5. The department may file for record with the State Lands Commission such maps as are necessary to furnish an accurate description of any ungranted swamp, overflow, tide, or submerged lands, the bed of any navigable channel, stream, river, creek, lake, bay, or inlet, or other sovereign lands of the State of California which, in the opinion of the department, are needed as a right-of-way for, and for the protection of, any state highway or as a source of materials for the construction, maintenance, or improvement of any state highway. Upon the approval of such map by the State Lands Commission, the lands described therein shall be reserved for such use by the department and the department is thereupon authorized to enter upon, occupy, and use such lands for such purpose or purposes. Any subsequent grant or permission to use such lands shall be subordinate to such reservation. Any such reservation may be released by the written certificate of the director filed with the State Lands Commission. This section shall not apply to state school lands.
The department shall determine the reasonable value of such right-of-way or materials and shall deposit such amount in the State Parks and Recreation Fund. The amount so deposited shall be considered as part of the cost of construction of the state highways.
(Amended by Stats. 1980, Ch. 777, Sec. 15.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.6.

101.6. The department shall design, place and maintain or cause to be placed and maintained at appropriate places along state highways signs which indicate the maximum penalty which may be prescribed for throwing or discharging any litter or any flammable or glowing substance from any vehicle outside of a business or residence district. County road commissioners shall place such signs along roads for which they are responsible.
(Added by Stats. 1963, Ch. 2038.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.8.

101.8. (a) The department may design, place, and maintain, or cause to be designed, placed, and maintained, along state highways, signs to inform motorists of rail transportation services which receive public funding, in whole or in part, unless the sign would result in incurring the penalty specified in subsection (b) of Section 131 of Title 23 of the United States Code.
(b) These signs may only be placed within the right-of-way of state highways that are parallel or adjacent to publicly funded passenger rail routes.
(c) The signs are information structures or information signs as those terms are used in Sections 5203 and 5221 of the Business and Professions Code.
(Amended by Stats. 1993, Ch. 272, Sec. 9. Effective August 2, 1993.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.9.

101.9. (a) The department shall adopt rules and regulations to allow, in rural areas, the placement, on interstate and primary highways near public exits, of guide signs indicating the existence, within one-half mile of that exit, of a fire station which is open 24 hours each day of the year.
(b) Upon the request of the Department of Forestry and Fire Protection or a city or county, the department may place and maintain the signs in accordance with the adopted rules and regulations. The department shall bear the costs of placing and maintaining the signs.
(Added by Stats. 1988, Ch. 151, Sec. 1. Effective June 10, 1988.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.11.

101.11. (a) The Department of Transportation shall, through the erection of highway signs and appropriate markers, provide recognition of the historical importance of the Byzantine-Latino Quarter in the City of Los Angeles. In order to implement this subdivision, the department shall determine the cost of signs and other appropriate markers, consistent with the signing requirements for the state highway system, showing this special designation, and, upon receiving donations from nonstate sources sufficient to cover the cost, shall erect those signs and other appropriate markers at the appropriate locations on Interstate Highway 10.
(b) Local designation efforts and other similar actions may complement this project.
(Added by Stats. 2002, Ch. 100, Sec. 2. Effective July 1, 2002.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.12.

101.12. The department may place and maintain, or cause to be placed and maintained, signs on state highways directing motorists to communities within the geographical boundaries of a city, county, or city and county if all of the following conditions are satisfied:
(a) The name of the community is culturally unique and historically significant.
(b) The name of the community has resulted from the influence of a culture over a significant period of time.
(c) The general public and media commonly recognize the name of the community.
(d) The community is located within a city, county, or city and county.
(e) Signs are consistent with the signing requirements for the state highway system.
(f) The geographical boundary of the community is within three miles of the state highway exit.
(g) Trailblazing signs are installed on the appropriate streets or roads prior to installation of signs on the state highway.
(h) The city, county, or city and county provides funds from nonstate sources that cover all costs for the Department of Transportation to place and maintain, or cause to be placed and maintained, appropriate signs on state highways.
(i) The governing body of the city, county, or city and county in which the community is located adopts a resolution that does the following:
(A) Designates the name of the community that is to be used on directional signs.
(B) Defines the geographical boundaries of the community.
(C) Requests the department to post signs on state highways.
(Added by Stats. 2004, Ch. 238, Sec. 1. Effective January 1, 2005.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.13.

101.13. The department shall erect, at appropriate locations on highways in the state highway system, generic directional signs to each Veterans’ Home of California authorized pursuant to Chapter 1 (commencing with Section 1010) or Chapter 2 (commencing with Section 1100) of Division 5 of the Military and Veterans Code, upon receiving funds from nonstate sources sufficient to cover the cost.
Placement of the signs shall be consistent with criteria for signing to federal or state hospitals as set forth in the California Manual on Uniform Traffic Control Devices, adopted pursuant to Section 21400 of the Vehicle Code.
(Added by Stats. 2014, Ch. 654, Sec. 1. (SB 842) Effective January 1, 2015.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.14.

101.14. (a) Prior to June 30, 2016, and subject to federal approval as provided in subdivision (d), the department shall update its internal policies to allow displays of the following types of messages on changeable message signs:
(1) Safety messages.
(2) Transportation-related messages.
(3) Reminders to register to vote, as requested by the Secretary of State, not more than two days prior to, and on the last day to, register to vote in a particular statewide general election, statewide primary election, or statewide special election conducted pursuant to the Elections Code.
(4) Reminders to vote, as requested by the Secretary of State, as elections approach, not more than two days prior to, and on election day of, a particular statewide general election, statewide primary election, or statewide special election conducted pursuant to the Elections Code.
(b) For purposes of this section, “changeable message sign” means any electronic sign on a roadway with a changeable message typically used to alert motorists of traffic conditions, unusual weather conditions, emergencies, or other events.
(c) Nothing in this section shall be construed to alter the requirements of the Emergency Alert System, the Amber Plan under Section 8594 of the Government Code, or the Blue Alert System under Section 8594.5 of the Government Code. The department may give priority to other messages, including, but not limited to, the display of emergency alerts, Amber Alerts, Blue Alerts, safety messages, and transportation-related messages, over the messages authorized pursuant to paragraph (3) or (4) of subdivision (a).
(d) The department shall not display any information on a changeable message sign authorized pursuant to paragraph (3) or (4) of subdivision (a) unless the United States Department of Transportation, or any of its agencies, has expressly approved the display of that information. If the department is advised by the United States Department of Transportation, or any of its agencies, that the display of information otherwise authorized by paragraph (3) or (4) of subdivision (a) will result in the reduction of federal aid highway funds to the state pursuant to Section 131 of Title 23 of the United States Code, that display of information shall not be made.
(Added by Stats. 2015, Ch. 693, Sec. 1. (AB 400) Effective January 1, 2016.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.15.

101.15. Roundabouts shall be included in the list of highway facility types that may be used for memorial or dedication signing as designated in the California Manual on Uniform Traffic Control Devices, adopted pursuant to Section 21400 of the Vehicle Code.
(Added by Stats. 2019, Ch. 95, Sec. 1. (AB 634) Effective January 1, 2020.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.18.

101.18. (a) The department shall amend the California Manual on Uniform Traffic Control Devices to allow supplemental destination signs for museums that meet all the following:
(1) Have a minimum annual attendance of 50,000 persons, regardless if the museum is in a major metropolitan area, urbanized area, or rural area.
(2) Is within five miles of the highway, regardless if the museum is in a major metropolitan area, urbanized area, or rural area.
(b) The department shall make the amendments required by subdivision (a) in its next edition or revision to the California Manual on Uniform Traffic Control Devices.
(Added by Stats. 2023, Ch. 127, Sec. 1. (AB 1320) Effective January 1, 2024.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 101.19.

101.19. (a) The Department of Transportation shall work with the Native American Heritage Commission, the California Advisory Committee on Geographic Names, the Counties of Los Angeles and San Bernardino, and California tribes local to, or historically located along, Route 210, to identify appropriate locations for signs to recognize tribal lands along Route 210 and to name Route 210.
(b) The Department of Transportation shall, through the erection of highway signs and appropriate markers, provide recognition of the historical and cultural importance of the California tribes local to, or historically located in, the Counties of Los Angeles and San Bernardino. The department shall erect those signs and other appropriate markers at the appropriate locations on Route 210, as part of the department’s regularly scheduled replacement, modification, and maintenance of highway signs.
(c) The Legislature encourages the Counties of Los Angeles and San Bernardino to adopt resolutions to ensure that all people learn about the approved highway signs.
(Added by Stats. 2023, Ch. 543, Sec. 2. (AB 776) Effective January 1, 2024.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 102.

102. (a) In the name of the people of the State of California, the department may acquire by eminent domain any property necessary for state highway purposes.
(b) For any property that the department is acquiring by, or under threat of, eminent domain, the department shall, in a timely manner, provide a copy of all appraisals it performed or obtained for the property to the property owner. If any appraisals that are performed or paid for by the department are first provided to the property owner, the appraiser shall provide a copy of those appraisals to the department.
(Amended by Stats. 2007, Ch. 411, Sec. 1. Effective January 1, 2008.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 103.5.

103.5. Subject to Sections 1240.670, 1240.680, and 1240.690 of the Code of Civil Procedure, the real property which the department may acquire by eminent domain, or otherwise, includes any property dedicated to park purposes, however it may have been dedicated, when the commission has determined by resolution that such property is necessary for state highway purposes.
(Amended by Stats. 1975, Ch. 1239.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 103.65.

103.65. (a) It is the intent of the Legislature that the department should have a reasonable opportunity to acquire properties needed for transportation projects.
(b) Whenever the department determines that a specific parcel of private property will or may be required for the right-of-way of a state highway transportation corridor within seven years, or is located within a corridor which is the subject of a special study, the department shall so notify the planning department of the city or county in which the parcel is located. When reviewing proposals for the development of a parcel so identified, the city or county shall review with the department the status of the proposed transportation project involving that parcel.
(c) As used in this section, “special study” means a highway study approved by the commission or the department on or before July 1, 1989, or a study approved after that date conducted pursuant to Section 14530.5 of the Government Code.
(Added by Stats. 1989, Ch. 744, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.

104. The department may acquire, either in fee or in any lesser estate or interest, any real property that it considers necessary for state highway purposes. Real property for these purposes includes, but is not limited to, real property considered necessary for any of the following purposes:
(a) For rights-of-way, including those necessary for state highways within cities.
(b) For purposes of exchanging the same for other real property to be used for rights-of-way.
(c) For rock quarries, gravel pits, or sand or earth borrow pits.
(d) For offices, shops, or storage yards.
(e) For parks adjoining or near a state highway.
(f) For the culture and support of trees that benefit a state highway by aiding in the maintenance and preservation of the roadbed, or that aid in the maintenance of the attractiveness of the scenic beauties of a state highway.
(g) For drainage in connection with a state highway.
(h) For the maintenance of an unobstructed view of any portion of a state highway so as to promote the safety of the traveling public.
(i) For the construction and maintenance of stock trails.
(j) For the construction and maintenance of nonmotorized transportation facilities, as defined in Section 887.
(k) (1) (A) For environmental mitigation property, which the department may transfer to, purchase for transfer to, or purchase in the name of a, governmental entity, special district, nonprofit organization, for-profit entity, person, or other entity in accordance with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code, as applicable.
(B) Where feasible, a governmental entity holding property pursuant to subparagraph (A) shall have the principal responsibility for natural resource protection or conservation. A governmental entity holding property pursuant to this section shall be approved through the due diligence process set forth in Section 65967 of the Government Code.
(2) For purposes of this section, “environmental mitigation property” means property that is required by state or federal law, or by permit conditions imposed by a state or federal agency, to be preserved or restored and maintained as natural habitat to offset the environmental impacts caused by the construction and operation of a state highway improvement project or for advance mitigation purposes as provided in Section 800.6.
(Amended by Stats. 2023, Ch. 57, Sec. 2. (SB 145) Effective July 10, 2023.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.1.

104.1. (a) (1) For purposes of environmental mitigation pursuant to subdivision (k) of Section 104, the department may create an endowment or enter one or more agreements with the transferee of an environmental mitigation property or another party or parties to provide funding for the establishment, preservation, restoration, and maintenance of the property consistent with any permit conditions, mitigation requirements imposed by state or federal law, conditions imposed by a state or federal agency, or advance mitigation requirements. This authority includes, but is not limited to, the requirements of Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code, as applicable.
(2) Where feasible, a governmental entity holding property pursuant to paragraph (1) shall have the principal responsibility for natural resource protection or conservation. A governmental entity holding property pursuant to this section shall be approved through the due diligence process set forth in Section 65967 of the Government Code. For federally imposed mitigation requirements, the department is subject to Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code, as applicable, to the extent not in conflict with federal law or regulation.
(b) (1) This section shall remain in effect only until December 31, 2033, and as of that date is repealed.
(2) Endowments or agreements entered into pursuant to this section before December 31, 2033, shall remain in effect beyond that date.
(Added by Stats. 2023, Ch. 57, Sec. 3. (SB 145) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.2.

104.2. If property is provided through donation or at less than fair market value to the department for state highway purposes, or purchased with funds provided by a local agency, the donor or seller may reserve the right to develop the property, but any development of the property shall be subject to the approval of the department and any reservations, restrictions, or conditions that it determines necessary for highway safety.
(Added by Stats. 1989, Ch. 1081, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.4.

104.4. Whenever the right of occupancy of any person upon national forest or national park lands is terminated because of the proposed construction of a state highway across such lands, the department shall, in connection with the construction of the highway, acquire, by purchase or condemnation, any buildings or improvements constructed upon such lands by the person.
(Added by Stats. 1961, Ch. 2173.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.5.

104.5. The director may execute all deeds or conveyances necessary to convey any real property or interest therein to be sold or exchanged under the provisions of this code. He may insert in any such deed or conveyance such conditions, covenants, exceptions and reservations as in his opinion are in the public interest or may convey in fee simple absolute. All statutes relating to State lands or to reservations of minerals therein or to reservations of rights to prospect for or mine or remove such minerals are inapplicable to lands heretofore or hereafter acquired by the State or conveyed by the State pursuant to the provisions of this code or pursuant to the provisions of previously existing statutes codified in this code, and no such statute in respect to State lands hereafter enacted shall be applicable thereto unless the Legislature expressly so declares.
It shall be conclusively presumed in favor of any purchaser for value and without notice of any real property or interest therein conveyed pursuant to the provisions of this code that the department acted within its lawful authority in acquiring the property, and that the director acted within his lawful authority in executing any deed or conveyance or lease authorized by this code.
(Amended by Stats. 1939, Ch. 686.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.6.

104.6. The authority conferred by this code to acquire real property for state highway purposes includes authority to acquire for future needs. Structures maintained or allowed to remain on property which has been acquired, or is acquired in the future, for future highway needs shall be maintained in conformance with standards established in the building and safety ordinances of the city or county having jurisdiction. The standards to which such structure shall be made to conform are those standards, except for such variances as may be applicable to the structure when acquired, of the city or county having jurisdiction which are in effect at the time of acquisition by the department.
The department is authorized to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the director may fix and to maintain and care for such property in order to secure rent therefrom. Except for any rent required under the California Toll Bridge Authority Act (Chapter 1 (commencing with Section 30000) of Division 17), or any bond indenture executed under that act, to be deposited in some other fund, all such rent shall be deposited to the credit of the State Highway Account in the State Transportation Fund. Twenty-four percent of such rent in the State Highway Account shall be allocated pursuant to Section 104.10.
Whenever it is determined by the department that any rental revenue collected under this section represents overpayment or payment in duplicate, the department may make refund of such overpayment or payment in duplicate from the State Highway Account.
Any reference in any law or regulation to the Highway Properties Rental Fund or to the Highway Properties Rental Account in the Transportation Tax Fund shall be deemed to refer to the State Highway Account.
(Amended by Stats. 1978, Ch. 389.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.7.

104.7. (a) Unless otherwise provided by statute, when requested by a city, county, or special district, the department shall provide information regarding, and shall lease, unoccupied, unimproved property that is held for future highway purposes to the city, county, or special district within which the property is located. The city, county, or special district may use the leased property first for agricultural and community garden purposes, and second for recreational purposes, on terms and conditions not unreasonably inhibiting the use of the property, including, but not limited to, assumption of liability and installation and removal of improvements. The lease shall be for one dollar ($1) per year for not less than one year and shall be renewable.
The city, county, or special district may sublease the property for agricultural or recreational purposes upon prior written notification to the department, and may proceed with the sublease unless disapproved by the department within 10 working days after the notice is sent to the department. The first priority for a sublease shall be given to the owner of property contiguous to the leased land.
In a sublease of the property, the city, county, or special district may charge rental fees at least sufficient to pay its administrative costs. All money received by the city, county, or special district under a sublease, less administrative costs, shall be transmitted to the department for deposit in the State Highway Account.
(b) Unoccupied, unimproved property that has commercial, industrial, or residential use as its most feasible or best use, as determined by the department, is not subject to this section.
(c) The Legislature finds and declares that the lease of unoccupied, unimproved property pursuant to this section serves a public purpose.
(Amended by Stats. 2004, Ch. 183, Sec. 336. Effective January 1, 2005.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.8.

104.8. The department may retain in its records all deeds, conveyances, and other evidences of title to or interests in real property acquired by the department under the provisions of this code. The Secretary of State and any other State officer or department having custody of any such documents is authorized and directed to deliver custody of such instruments to the department. The department may furnish on demand to any person paying the cost of preparing the same a certified copy of any such document.
(Added by Stats. 1941, Ch. 199.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.9.

104.9. None of the deeds, conveyances or other evidences of title to or interests in real property acquired by the department under the provisions of this code for highway purposes, need be recorded by the Secretary of State.
(Added by Stats. 1941, Ch. 804.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.10.

104.10. The Department of Transportation shall, not later than the first day of November following the close of any fiscal year, pay the rents computed pursuant to Section 104.6 to the county in which such real property is situated. The Department of Transportation shall certify to the Department of Finance the amount of such rentals attributable to each county and shall notify each county of the rental and location of each piece of rental property for which rents are deposited in the State Highway Account in the State Transportation Fund.
The county auditor shall distribute any payment received by the county pursuant to this section, to the county, to each revenue district for which the county assesses and collects real property taxes or assessments, and to every other taxing agency within the county in which the property is situated in the amount as determined by the board of supervisors, except that one-half of the allocation for a rental property shall be allocated to the city in which the rental property is located.
As used in this section, the terms “taxing agency” and “revenue district” have the same meanings given them in the Revenue and Taxation Code.
The money received by the respective jurisdictions under this section shall be expended only for purposes authorized by Article XIX of the California Constitution.
(Amended by Stats. 1978, Ch. 389.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.11.

104.11. (a) Upon a finding that the action would not adversely affect the activities of the department, the department may lease, in whole or in part, property owned by it in the block bounded by First Street, Main Street, Second Street, and Los Angeles Street in the City of Los Angeles to public agencies or private entities for any term not to exceed 99 years. Each lease shall be subject to reservations, restrictions, and conditions as the department deems appropriate. Prior to entering into a lease, the department shall determine that the proposed lease is not in conflict with local zoning ordinances. The lease may provide for joint use of the property by the department. Each lease shall be subject to prior approval by the commission.
(b) Revenues from leases shall be deposited in the State Highway Account.
(c) The department shall act as agent for the payment of its tenant’s possessory interest tax in accordance with the procedures of Section 104.13.
(Added by Stats. 1987, Ch. 1060, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.12.

104.12. (a) The department may lease to public agencies or private entities for any term not to exceed 99 years the use of areas above or below state highways, subject to any reservations, restrictions, and conditions that it deems necessary to ensure adequate protection to the safety and the adequacy of highway facilities and to abutting or adjacent land uses. Authorized emergency vehicles, as defined in Section 165 of the Vehicle Code, which are on active duty and are not merely being stored, shall be given preference in the use of these areas, and no payment of consideration shall be required for this use of the areas by these vehicles. Prior to entering into any lease, the department shall determine that the proposed use is not in conflict with the zoning regulations of the local government concerned. The leases shall be made in accordance with procedures to be prescribed by the commission, except that, in the case of leases with private entities, the leases shall only be made after competitive bidding unless the commission finds, by unanimous vote, that in certain cases competitive bidding would not be in the best interests of the state. The possibilities of entering into the leases, and the consequent benefits to be derived therefrom, may be considered by the department in designing and constructing the highways.
Revenues from the leases shall be deposited in the State Highway Account. If leased property was provided to the department for state highway purposes through donation or at less than fair market value, the lease revenues shall be shared with the donor or seller if so provided by contract when the property was acquired. If the donor or seller was a local agency which no longer exists at the time the department enters into the lease, the local agency’s share of lease revenues shall be paid to the county or counties within which the local agency was situated.
(b) Notwithstanding subdivision (a), in any case where sufficient land or airspace exists within the right-of-way of any highway, constructed in whole or in part with federal-aid highway funds, to accommodate needed passenger, commuter, or high-speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the department may make the land or airspace available, with or without charge, to a public entity for those purposes, subject to any reservations, restrictions, or conditions that it determines necessary to ensure adequate protection to the safety and adequacy of highway facilities and to abutting or adjacent land uses.
(c) The department shall consider future lease potential of areas above or below state highway projects when planning new state highway projects. This consideration shall be accomplished by intradepartment consultation between offices concerned with project development and airspace lease development.
(Amended by Stats. 2000, Ch. 860, Sec. 6. Effective January 1, 2001.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.13.

104.13. (a) The department shall act as agent for the payment of possessory interest taxes due from persons to whom the department leases property of a type described in subdivision (e).
(b) The department shall annually provide a current list of all such property located in each county to the assessor of the county. Notwithstanding any other provision of law, the assessor shall submit the possessory interest tax bill for each property directly to the department, and the department shall be responsible for the payment of the tax in the manner described in subdivision (c).
(c) All funds distributed to a county pursuant to Section 104.10 shall be deemed to be in full or partial payment on the total possessory interest taxes due on the property described in subdivision (e) located in the county. If the amount transferred to a county pursuant to Section 104.10 in any year is less than the total possessory interest tax due on all the property located in the county, the department shall promptly forward to the county the amount of the balance due.
(d) In lieu of the information required by Section 107.6 of the Revenue and Taxation Code, all leases of property of a type described in subdivision (e) shall contain a statement that the department will pay all possessory interest taxes arising from the lease and that the amount of rent charged reflects the cost of this added responsibility of the department.
(e) This section shall apply only to real property held for future state highway needs and to real property originally held for that purpose, which the department has determined is no longer needed for that purpose, prior to its sale or exchange by the department.
(Repealed and added by Stats. 1983, Ch. 213, Sec. 2.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.15.

104.15. Whenever land has been acquired pursuant to former Section 104.1 or pursuant to Article 5 (commencing with Section 1240.410) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, the department may, in its discretion, lease to a local agency for park purposes all or any portion of the remainder outside the boundary of the state highway or public work or improvement, but not beyond the next adjacent dedicated street, when such use will protect such highway, public work, or improvement and its environs, and will preserve its view, appearance, light, air, and usefulness. Such lease shall be made in accordance with procedures, terms, and conditions to be prescribed by the commission. Such terms and conditions shall include all of the following:
(a) Provisions requiring the local agency to develop and maintain such portion of the remainder as a park.
(b) Provisions that whenever such portion of the remainder is needed for state highway purposes, the lease shall terminate.
(c) Provisions that whenever such portion of the remainder ceases to be used for park purposes, the lease shall terminate.
(Amended by Stats. 1975, Ch. 1239.)