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 104.16.

104.16. (a) Any airspace under a freeway, or real property acquired for highway purposes, in the City and County of San Francisco, that is not excess property, shall be offered for lease on a right of first refusal by the department to the city and county or a political subdivision of the city and county, for purposes of an emergency shelter or feeding program, or for park, recreational, or open-space purposes.
(b) (1) The lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month.
(2) For up to 10 parcels, the lease amount for park, recreational, or open-space purposes shall be 30 percent of the fair market lease value of the applicable parcel.
(3) Any property leased pursuant to paragraph (2) shall be located within a priority development area.
(4) The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(c) In the case of a lease for park, recreational, or open-space purposes, in order to offset any potential loss of revenue, the department may include parcels leased pursuant to this section in a mitigation bank to be used to advance future development projects or highway projects within the city and county.
(d) The city and county or a political subdivision of the city and county, in consultation with the department, shall follow all applicable health, environmental, safety, design, and engineering standards.
(e) Any lease shall require the lessee to fund and construct all associated infrastructure, and to accept full responsibility for liability related to those uses. The lease shall require the lessee to be responsible for all maintenance costs associated with those uses, except as otherwise provided in the lease. The lease shall authorize the lessee to subsidize its associated maintenance costs through generation of revenue under a limited revenue generation model, such as from limited parking facilities located on the leased property, if any revenues generated that exceed the associated maintenance costs are shared with the state, at a rate not less than 50 percent of those excess revenues, with that amount to be deposited in the State Highway Account.
(f) As used in this section, “priority development area” means an area identified in a sustainable communities strategy developed pursuant to Section 65080 of the Government Code.
(g) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.
(Amended by Stats. 2017, Ch. 822, Sec. 1. (AB 857) Effective January 1, 2018.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.17.

104.17. (a) The department may provide information regarding, and may lease, airspace under the interchange of Route 4 and Route 5 in San Joaquin County and on the northeast corner of Route 101 and De La Vina Street in the County of Santa Barbara, to a city, county, or other political subdivision or another state agency for emergency shelter or feeding program purposes. The lease shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee.
(b) Notwithstanding Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code, any structure that is constructed or modified under this section shall comply with the minimum standards provided in Appendix N of the 2016 California Building Code or Appendix X of the 2016 California Residential Code, or any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities.
(c) A lease executed pursuant to this section shall also provide for the cost of administering the lease.
(d) The administrative fee shall not exceed five hundred dollars ($500) per year unless the department determines that a higher administrative fee is necessary.
(e) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.
(f) A lease executed pursuant to subdivision (a) for airspace under the interchange of Route 4 and Route 5 in San Joaquin County shall provide for the rescission of existing leases of this airspace between the department and the City of Stockton. Upon the request of the City of Stockton, the department may renew the lease executed pursuant to subdivision (a) for the airspace described in this subdivision for the period requested by the city.
(Amended by Stats. 2018, Ch. 436, Sec. 1. (AB 2629) Effective January 1, 2019.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.18.

104.18. (a) Real property in the City of San Diego between 17th Street and the west side of Route 5 between the southbound onramp and the offramp near J Street, which was acquired for highway purposes and which is not excess property, may be leased by the department to a city, county, or other political subdivision or another state agency for emergency shelter, feeding program purposes, or for the establishment of a day care center for children.
(b) The lease shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.
(Amended by Stats. 1999, Ch. 724, Sec. 15.5. Effective January 1, 2000.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.19.

104.19. (a) The excess property owned by the department described in subdivision (b) that is leased until June 30, 2005, to the Century Housing Corporation, a nonprofit corporation, and used for job training and placement purposes, shall continue to be leased to that party until June 30, 2028, at the existing rent.
(b) The excess property consists of approximately 1.3 acres, is referred to as excess parcels 6160, 6166, 6167, and 6168, and is located adjacent to Lennox Boulevard and State Highway (Interstate) Route 405 in an unincorporated area of Los Angeles County.
(Added by Stats. 2003, Ch. 228, Sec. 51. Effective August 11, 2003.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.21.

104.21. (a) (1) The department may lease airspace under the interchange of Route 4 and Sutter Street in San Joaquin County to any city, county, or other political subdivision, or any state agency, for feeding program purposes. The department may provide information to those entities regarding the lease of that airspace for that use. Property may be leased under this section only if there is no buyer for the property. The lease shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee.
(2) Any lease executed under this section shall also provide for the cost of administering the lease. The administrative fee shall not exceed five hundred dollars ($500) per year unless the department determines that a higher administrative fee is necessary.
(b) The Legislature finds and declares that the lease of real property under this section serves a public purpose.
(c) Upon the request of the City of Stockton, the department may renew the lease for the period requested by the city, but not to exceed 10 years, and may, subsequent to that renewal, agree to not more than two additional renewals of not more than 10 years each.
(d) This section shall become operative on July 1, 1999.
(Added by Stats. 1998, Ch. 958, Sec. 1. Effective January 1, 1999. Section operative July 1, 1999, 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 104.22.

104.22. (a) Notwithstanding any other law, the Department of Transportation shall, consistent with Article XIX of the California Constitution, transfer to the Department of Parks and Recreation the real property in the City of San Diego between Taylor Street and Wallace Street and between Juan Street and Calhoun Street, which was acquired for highway purposes and which was previously used by the department as its District 11 administrative headquarters, and which is commonly known as 2829 Juan Street, San Diego.
(b) The real property transferred pursuant to subdivision (a) shall be incorporated into the state park system upon its transfer to the Department of Parks and Recreation.
(c) On and after the date of transfer, the Department of Transportation shall have no continuing obligation relating to the ownership, maintenance, or control of the transferred real property, and all obligations of ownership, maintenance, and control shall thereafter be borne by the Department of Parks and Recreation.
(d) The transfer of the real property required by this section shall be completed within 90 days of the effective date of the act enacting this section in the 2013–14 Regular Session of the Legislature.
(e) The transfer of the real property required by this section serves a public purpose.
(Added by Stats. 2013, Ch. 356, Sec. 51. (SB 96) Effective September 26, 2013.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.24.

104.24. (a) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Oakland, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.
(b) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.
(Added by Stats. 2018, Ch. 443, Sec. 1. (AB 3139) Effective January 1, 2019.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.25.

104.25. (a) The department may lease the real property located at 4747 Pacific Highway in the City of San Diego, department parcel number 760-216-19-00, which was acquired for highway purposes and is not excess property, to a city or county, a political subdivision of a city or county, or another state agency, for purposes of an emergency shelter or feeding program.
(b) (1) The lease amount shall be for one dollar ($1) per month.
(2) The lease amount may be paid in advance of the term covered to reduce the administrative costs associated with the payment of the monthly rental fee.
(3) The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.
(d) Notwithstanding Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code, all structures that are constructed or modified under this section shall be compliant with the minimum standards provided in the 2016 California Building Code Appendix N, the 2016 California Residential Code Appendix X, or any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities.
(Added by Stats. 2018, Ch. 442, Sec. 1. (AB 3061) Effective January 1, 2019.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 104.26.

104.26. (a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Los Angeles, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.
(2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.
(b) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of San Jose, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.
(2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.
(Added by Stats. 2018, Ch. 444, Sec. 1. (SB 519) Effective January 1, 2019.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 105.

105. The department may construct and maintain stock trails approximately paralleling any State highway and may retain and maintain for stock trails the right of way of any State highway which is superseded by relocation.
The department may likewise designate as a stock trail any highway which the State has relinquished to a county and which approximately parallels any State highway. Where such a highway has been so designated as a stock trail, it thereafter may not be abandoned or vacated without the consent in writing of the department filed with the board of supervisors.
The department shall post notices upon such stock trails, and upon each highway at the entrances of such trails, directing all persons to drive all untethered stock thereon.
Any person who drives any untethered stock upon any State highway between the entrances of such a stock trail is guilty of a misdemeanor, and, in addition, thereto, is liable for all damage thereby done to said highway.
(Amended by Stats. 1939, Ch. 264.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 106.

106. Whenever in its opinion the public convenience and necessity require it for State highway purposes, the department may enter into a cooperative agreement:
(a) To construct a bridge across any river, stream, or inlet of the sea.
(b) To reconstruct or replace an existing, privately owned bridge over any river, stream or inlet of the sea, which bridge is used for highway purposes by the public and the owner.
(c) To acquire an existing bridge, or a right of way over the location of such bridge, whenever the acquisition of such bridge or right of way by the State alone would ordinarily require an excessive expenditure of State highway money.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 107.

107. Any such agreement may be:
(a) With any person for the construction of a new bridge and the use of any such bridge thereafter jointly by such person and the public.
(b) With the owner of any existing bridge for the reconstruction thereof, or for the replacement thereof by a new bridge, and the use of any such bridge thereafter jointly by such owner and the public.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 108.

108. Any agreement made under the authority of sections 106 and 107 may provide:
(a) Either for apportionment of the expense of any such construction, reconstruction, replacement, improvement, or maintenance between such owner or person and the State, or for the surrender to the State of the rights and property of the owner and the construction, reconstruction, replacement, improvement, or maintenance of any such bridge partly or wholly at the expense of the State.
(b) For the terms and conditions upon which the owner may use such bridge jointly with the public after the construction, reconstruction, replacement or improvement thereof.
(c) For other pertinent matters to give effect to sections 106 and 107.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 109.

109. Any such bridge acquired, constructed, reconstructed, replaced or improved in the manner provided in sections 106, 107 and 108 is a part of the State highway system and title thereto shall vest in the State. Any funds which, without such cooperative agreement, would be available for the construction, reconstruction, replacement, improvement or maintenance of a bridge at such location on the State highway system, shall be available for a similar use under such cooperative agreement.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 109.5.

109.5. Whenever the construction of any facility of the United States or any department or agency thereof, or any feature thereof, requires construction or relocation of, or other change in any state highway or bridge, the department may enter into an agreement with the United States, or with the United States and any person, providing therefor, and for the exchange of any property required thereby. The department may enter into like agreements for acquisition of a right-of-way over, or respecting maintenance of, any facility, constructed or owned by the United States or any department or agency thereof, all or any portion of which is to be used for highway purposes.
(Amended by Stats. 1959, Ch. 648.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 110.

110. Nothing in this article shall prohibit any county or city from contributing to the State, in the manner provided by law, funds or real property or interests therein for the acquisition, construction, reconstruction, replacement, improvement or maintenance of any such bridge as is provided for by sections 106, 107 and 108, nor prohibit the relinquishment of any such bridge by the department to any county or city. Upon relinquishment such bridge shall be under the supervision and control of the county or city to which it is relinquished.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 111.

111. Whenever the natural course of a State highway passes into or through any city and a State highway route through or around such city is not specifically described by law, the commission shall determine the location of the connecting portion necessary to make the State highway continuous. Such location may be either through or around such city, depending upon the commission’s determination as to which location will be of the greatest benefit to through traffic upon such State highway.
Any portion of any street or highway, within the limits of such city, may be adopted by the commission as a part of the State highway system without compensation to the city.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 111.5.

111.5. Whenever a city street or a county highway and an existing state highway (1) are substantially parallel; (2) each has been or is to be restricted to one-way traffic, proceeding in opposite directions as to each other, by ordinance of such city or county duly enacted and applicable thereto; and (3) the commission determines that the existing state highway is inadequate and that state highway traffic conditions can be improved and state highway traffic more economically served than by confining improvements to the existing state highway, the commission may adopt any portion of the city street or county highway so substantially parallel with an existing state highway, as a part of the State Highway System without compensation to the city or county, and the department may improve the same and make necessary connections to route traffic one way on such city street or county highway and the existing state highway, respectively.
Whenever an ordinance of any city or county designating a particular highway as a one-way highway becomes applicable to a state highway, whether an existing state highway at the time of the enactment of such ordinance or a city street or county highway thereafter adopted as a state highway, such ordinance shall not be thereafter rescinded, repealed, revoked or amended by action of the legislative authority of such city or county without the consent in writing of the department with the approval of the commission first obtained, unless otherwise provided by the terms of any written agreement between the State and any city entered into prior to the effective date of this section. If any city street or county highway which has become a portion of the State Highway System pursuant to this section ceases to be a one-way street because the ordinance declaring such street or highway to be a one-way street or highway is rescinded, repealed, revoked, or amended, with the consent of the department, as hereinabove provided, such city street or county highway, or the portion thereof that is no longer restricted to one-way traffic, shall by operation of law revert to the status of a city street or county highway and cease to be a portion of the State Highway System.
(Amended by Stats. 1953, Ch. 1493.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 112.

112. The department may enter into an agreement with any city relative to proceedings to be taken by the city to fix or change the grade of any State highway, or portion thereof, within the city in order to establish a grade specified in such agreement. The city, in fixing such grade, may follow the procedure specified in any statute or ordinance providing for fixing or changing the grades of city streets with like effect as if such highway were a city street and the grade so established or changed shall be the official grade of such State highway or portion thereof.
The city may contribute any part of the expense of such proceedings, including payment of claims, out of any funds available to it for the acquisition of rights of way for the construction, improvement or maintenance of streets.
This section does not limit the right of the department, on authorization of the commission, to proceed as provided in Article 1 of Chapter 6 of this division.
(Added by Stats. 1937, Ch. 901.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 113.

113. Upon a request from the department the governing body of any city may acquire any real property or interest therein needed for state highway purposes and lying within such city. The title to such real property or interest therein may be taken in the name of the State or of the city.
Any city may aid in the construction, improvement or maintenance of any state highway located in whole or in part within its boundaries by contributing any part of the expense thereof to the department out of any city funds available or to become available for construction, improvement or maintenance of streets within the city.
(Amended by Stats. 1953, Ch. 902.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 113.5.

113.5. A city or county may enter into a cooperative agreement with the department to fund the construction or improvement of a segment of a state highway located in whole or in part within its jurisdiction when the project is included in the state transportation improvement program pursuant to Section 14529 of the Government Code. The project shall be constructed by the department, and, upon completion of construction, the highway segment shall be in the possession and control of, and operated and maintained by, the department.
(Amended by Stats. 1983, Ch. 106, Sec. 1. Effective June 21, 1983.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 114.

114. (a) When the commission or other public entity has allocated any funds for the construction, improvement, or maintenance of any portion of a state highway within a city or a county, the department may enter into a cooperative agreement with the city or the county or other public entity for the performance of the work by the department or by the city or the county or other public entity, or for the apportionment of the expense of the work between the department and the city or the county or other public entity.
(b) The department shall enter into a cooperative agreement with a city, county, or other public entity to perform professional and technical project development services, if the department determines that the city, county, or other public entity in which the project is located has qualified and available staff to perform the necessary project services.
(Amended by Stats. 1988, Ch. 1218, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 114.5.

114.5. The department shall not charge any self-help counties with countywide sales tax measures dedicated to transportation improvements more than 10 percent for administration indirect cost recovery. The department shall charge those self-help counties for functional overhead.
(Added by Stats. 2023, Ch. 54, Sec. 11. (SB 125) 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 115.

115. All work performed pursuant to any provisions of sections 111, 113 and 114 shall be performed to the satisfaction of and subject to the approval of the department.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 116.

116. The department may delegate to any such city or county any part of the powers and jurisdiction vested by law in the department, except the power of approval, with respect to any portion of any such state highway within such city or county, and may withdraw such delegation.
(Amended by Stats. 1977, Ch. 547.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 117.

117. Unless otherwise specifically provided in the instrument conveying title, the acquisition, ownership, or control by the department of any right-of-way over any real property for state highway purposes includes the right of the department to issue, under Chapter 3 (commencing with Section 660), permits for the location in the right-of-way of any structures or fixtures necessary to telegraph, telephone, advanced communication or information services, or electrical lines or of any ditches, pipes, drains, sewers, or underground structures.
(Amended by Stats. 2022, Ch. 71, Sec. 12. (SB 198) Effective June 30, 2022.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 118.1.

118.1. Except as provided in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code and Section 118. 6 of this code, with respect to commercial real property acquired for the construction of a state highway, but no longer required for that purpose because the construction will not be undertaken, the department shall first offer the real property for sale at its current fair market value to the occupant thereof if the occupant is renting or leasing the real property from the department, has used and occupied the real property, and has made improvements of a value in excess of five thousand dollars ($5,000) on the real property during that time at his or her own expense consistent with the terms of the rental or lease agreement with the department. For the purpose of establishing fair market value, the department shall obtain at least two independent appraisals from qualified appraisers.
The failure of the department to first offer excess real property as required by this section shall not affect the validity of any conveyance of this excess real property to any person or entity unaware of the failure of the department to do so. However, this shall in no way be construed as releasing the department from its responsibility in offering that property to the occupants thereof first.
(Added by Stats. 1981, Ch. 851, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 118.5.

118.5. No parcel of property acquired by eminent domain for the purposes specified in Section 104 which, in its entirety, is found to be no longer necessary for such purposes shall be subject to public sale, unless an amount equal to the taxes which would have been paid by the owner had the property not been acquired by the state is transmitted by the department to the county auditor of the county in which the property is located. The amount of any payments made pursuant to Section 104.10 with respect to the property shall be deducted from the amount required to be transmitted pursuant to this section.
The money received by the county under this section shall be expended only for the purposes authorized by Article XIX of the California Constitution.
(Amended by Stats. 1979, Ch. 1060.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 118.6.

118.6. The department shall, to the greatest extent possible, offer to sell or exchange excess real property within one year from the date that it is determined by the department to be excess.
“Excess real property,” for the purposes of this section, means all land and improvements situated outside of calculated highway right-of-way lines not needed or used for highway or other public purposes, including, but not limited to, those leased to public agencies pursuant to Section 104.15, and available for sale or exchange.
The department shall adopt rules and regulations to determine which real property outside of calculated right-of-way lines is no longer needed or used for highway or other public purposes, and which is available for sale or exchange. The department is authorized to lease all real property not presently needed or used for highway purposes pending the sale or exchange of such property.
Excess real property which consists of lands of notable environmental value, such as, but not limited to, lands of extraordinary scenic beauty, lands fronting on waterway, lakes, and marshes, lands within the boundaries of parks, recreational areas, wildlife preserves or refuges, and lands providing wildlife habitat shall first be offered for sale or exchange to public agencies operating parks and recreational areas as follows:
(a) To any park or recreation department of any city within which the land may be situated.
(b) To any park or recreation department of the county within which the land is situated.
(c) To any regional park authority having jurisdiction within the area in which the land is situated.
(d) To the State Resources Agency or any agency which may succeed to its powers.
The public agency desiring to purchase such land for park or recreation use shall notify the department within 60 days of its intent to purchase the land after receipt of the department’s notification of intent to sell the land. If the public agency desiring to purchase the land and the department are unable to arrive at a mutually satisfactory sales price for the land during the 60-day period, the land may be disposed of in the normal manner.
The failure of the department to first offer excess real property which consists of lands of notable environmental value to public agencies operating parks and recreational areas shall not affect the validity of any conveyance of such excess real property to any person or entity unaware of the failure of the department to do so; however, this shall in no way be construed as releasing the department from its responsibility in offering such property to such public agencies first.
(Amended by Stats. 1982, Ch. 681, Sec. 46.5.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 119.

119. Any real property or interest therein which has passed to the State and has been accepted on behalf of the State by the department for highway purposes, inadvertently or by mistake, may be reconveyed to the persons entitled thereto. The reconveyance of any such real property or interest therein shall be executed by the director on behalf of the State. Such reconveyance shall not be made until the consideration originally received therefor by the grantor is first refunded or reconveyed to the State, or to any other party entitled thereto.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 120.

120. With the consent and approval of the Public Utilities Commission, the department may abandon that portion of any state highway which crosses the tracks or right of way of any railroad or street railroad, and may close such crossing.
(Amended by Stats. 1953, Ch. 700.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 121.

121. Notwithstanding any other provision of law, a state highway that has been designated by the federal government as an All-American Road on or before April 30, 2002, shall be maintained and operated by the department consistent with the recommendations for context-sensitive design standards relative to aesthetics and safety that are contained in the corridor management plan submitted to the Federal Highway Administration.
(Added by Stats. 2002, Ch. 530, Sec. 1. Effective January 1, 2003.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 122.

122. Whenever jurisdiction over any highway within a State park has been relinquished to the authority charged by law with the management and control of such park, the department may construct, improve or maintain such highway. Any construction, improvement or maintenance of highways, other than State highways, within state parks shall be subject to the approval of the park authority.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 123.

123. The provisions of section 122 shall neither affect nor limit the department’s authority, possession or control of any State highway even though any portion of such State highway is located within a State park.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 123.5.

123.5. The department shall erect and maintain signs directing the way to each of the 21 California Missions originally established by the Franciscan Fathers at the state highway intersection (or turn-offs in case of freeways) nearest to each of the missions.
(Added by Stats. 1957, Ch. 999.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 124.

124. The department may restrict the use of, or close, any State highway whenever the department considers such closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage during storms or during construction, improvement or maintenance operations thereon.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 124.1.

124.1. (a) Upon completion by the department of a safety study and a determination by the director, with the concurrence of the Commissioner of the California Highway Patrol, that truck traffic attributable to the United States-Mexico border crossing at Tecate in San Diego County constitutes a safety hazard to schoolbus operations, the department shall determine methods of mitigating the safety hazard, including, but not limited to, prohibiting the use of truck tractor-trailer combinations on Route 94 from the communities of Boulevard and Manzanita to the junction of Route 54 (traveling east and west) during the hours of 6 a.m. to 9 a.m. and 2 p.m. to 5 p.m. on those days that public school districts utilize that portion of Route 94 to operate schoolbuses, as defined in Section 545 of the Vehicle Code.
(b) Any person operating a vehicle on Route 94 in violation of this section is guilty of an infraction punishable as provided in Section 42001 of the Vehicle Code.
(Added by Stats. 1997, Ch. 426, Sec. 1. Effective January 1, 1998.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 125.

125. To notify the public that a state highway is closed or its use restricted, the department may:
(a) Erect suitable barriers or obstructions upon such highway.
(b) Post warnings and notices of the condition of any such highway.
(c) Post signs for the direction of traffic upon it, or to or upon any other highway or detour open to public travel.
(d) Place warning devices on such highway.
(e) Assign a flagman to warn, detour or direct traffic on such highway.
(Amended by Stats. 1951, Ch. 837.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 126.1.

126.1. (a) The department may enter into agreements, which shall provide funding as necessary, with governmental, nonprofit, and for-profit entities for the purpose of mitigating environmental impacts caused by transportation projects, for maintaining environmental mitigation property, as defined in Section 104, or for advance mitigation purposes, as provided in Section 800.6. These agreements may provide for the advancement of funds as necessary.
(b) (1) This section shall remain in effect only until December 31, 2033, and as of that date is repealed.
(2) 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. 5. (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 126.2.

126.2. (a) (1) Agreements between the department and governmental, nonprofit, and for-profit entities pursuant to subdivision (c) of Section 126 and Section 126.1 shall be in accordance, as applicable, with the requirements of Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code. For federally imposed 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.
(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.
(b) (1) This section shall remain in effect only until December 31, 2033, and as of that date is repealed.
(2) 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. 6. (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 126.3.

126.3. (a) By July 1, 2025, and annually thereafter until July 1, 2033, the department shall provide a written report to the relevant legislative policy and budget committees that includes at least the following information about its environmental mitigation program:
(1) The total number of endowments and new endowments, the amount of funds held in endowments and new endowments, the holder of each endowment, and the moneys disbursed for each endowment, in the preceding calendar year.
(2) The environmental mitigation properties purchased or transferred, and the status of each environmental mitigation property, in the preceding calendar year.
(3) A summary of each of the mitigation and advanced mitigation agreements entered into by the department in the preceding calendar year.
(4) Recommendations to address any identified barriers to implementation of the environmental mitigation program.
(b) If any information required to be reported in subdivision (a) is also provided in the report required by subdivision (f) of Section 800.6, reference to the latter is sufficient to comply with the reporting requirements of this section.
(c) This section shall remain in effect only until December 31, 2033, and as of that date is repealed.
(Added by Stats. 2023, Ch. 57, Sec. 7. (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 128.

128. The department shall maintain, in each district office, a file of its final construction plans and right-of-way record maps for all completed state highway projects located within the district. The department may file, in the office of the recorder of the county in which any state highway is located, such plans, maps, or drawings of each state highway as the department deems necessary in the public interest, which the county recorder shall accept and file without fee. No certificate need be attached thereto other than the usual title of the department showing the approval of such plans, maps, or drawings by the proper officer or engineer of the department.
All maps filed in the office of a county recorder pursuant to this section shall conform to the provisions of this paragraph. The map shall be legibly drawn, printed, or reproduced by a process that provides a permanent record. Each sheet of paper or other material used for such map shall be 22 by 36 inches in size, shall have clearly shown therein the particular number of the sheet, the total number of sheets comprising the map, and its relation to each adjoining sheet, and shall have encompassing its border a line that leaves a blank margin one inch in width, except that the left side margin shall be two inches in width. In any county using a microfilm system, such plans, maps, or drawings may be microfilmed in lieu of filing.
(Amended by Stats. 1980, Ch. 777, Sec. 18.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 129.

129. Each county recorder shall keep all such state highway plans, maps, or drawings filed in separate map books provided by the department for that purpose and each designated “State Highway Map Book No. ____, __________ County.” Each such plan, map, or drawing shall be numbered in the order of filing and indexed in a separate index showing the number and the date of filing.
(Amended by Stats. 1961, Ch. 420.)