reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 8 - The Bond Issue › Section 8205.

8205. All bonds shall be issued in such denominations as the commission may determine, except that they shall be not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 8 - The Bond Issue › Section 8206.

8206. All bonds shall be payable in lawful money of the United States at the office of the county treasurer of the county, and shall bear interest at a rate not to exceed 6 percent per annum, which shall be payable semiannually. Not less than one-thirtieth part of the total issue of bonds shall be payable each year, commencing not more than five years after the date of the bond issue.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 8 - The Bond Issue › Section 8207.

8207. The bonds shall be signed by the president and countersigned by the secretary of the commission. They shall be numbered consecutively in the order of their maturity, and shall have coupons attached attested by the facsimile signature of the secretary.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 8 - The Bond Issue › Section 8208.

8208. The bonds may be sold by the commission in such manner and such quantities as it may determine, but no bond shall be sold for less than its face value.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 8 - The Bond Issue › Section 8209.

8209. The proceeds of the sale of the bonds shall be deposited with the county treasurer and shall be placed by him in a fund in the county treasury to be called the ____ Separation of Grade District Fund (naming it). The money in the fund shall be used for the purposes indicated in the order calling the election at which the issuance of the bonds was authorized.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 8 - The Bond Issue › Section 8210.

8210. The bonds shall be legal investment: for all trust funds; the funds of all insurance companies, banks, and trust companies; the state school funds, and for all sinking funds under the control of the State Treasurer; and whenever any moneys may by law now or hereafter enacted be invested in or loaned upon the security of bonds of states, counties or school districts in the State, such moneys may be invested or loaned on the security of the bonds of such district.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 9 - Levy and Collection of Taxes › Section 8220.

8220. Annually on or before August 1st, the commission shall furnish to the board of supervisors and auditor of the county an estimate in writing of the amount of money necessary to be raised by taxation for the purposes of the district for the ensuing fiscal year. The amount shall be sufficient to pay:
(a) The interest on all outstanding bonds of the district which will become due during the ensuing fiscal year.
(b) The principal of all outstanding bonds of the district which will mature during the ensuing fiscal year.
(c) The amount necessary to pay the contract price of any contract which was to be paid by a tax levied on the real property within the district as herein provided.
(d) The estimated cost of repairs and maintenance of the project and the running expenses of the district.
(e) The amount necessary for preliminary engineering and other expenses incurred prior to the issuance and sale of bonds.
(f) In the first tax levy, the amount, if any, required to be raised to pay principal of or interest on any notes issued by the district as authorized herein.
(Amended by Stats. 1970, Ch. 17.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 9 - Levy and Collection of Taxes › Section 8221.

8221. Annually at the time of levying county taxes, the board of supervisors shall levy a tax upon the real property within the district. The rate shall be such as will produce, after due allowance for delinquency, the amount determined as necessary to be raised by taxation on the secured roll. The tax rate so levied shall apply to the real property within the district as it appears on the assessment roll of the county.
(Amended by Stats. 1970, Ch. 17.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 9 - Levy and Collection of Taxes › Section 8222.

8222. The tax so levied shall be computed and entered on the assessment roll by the county auditor, and if the board fails to levy the tax the auditor shall do so. The tax shall be collected at the same time and in the same manner as county taxes, and when collected shall be paid into the county treasury for the use of the district. The provisions of law prescribing the manner of levying and collecting county taxes and the duties of the several county officers with respect to taxation are, so far as they are not in conflict with this chapter, applicable to taxation under this chapter. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this chapter.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 9 - Levy and Collection of Taxes › Section 8223.

8223. All money raised by taxation which is authorized by this chapter shall belong to the district.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 9.5 - Claims › Section 8230.

8230. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.
(Amended by Stats. 1963, Ch. 1715.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 10 - District Funds › Section 8235.

8235. The treasury of the county in which the district is situated shall be the depository for the funds of the district. The county treasurer shall receive and receipt for the funds of the district, and shall place all such funds to the credit of the district. He shall be responsible upon his official bond for their safekeeping and proper disbursement.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 10 - District Funds › Section 8236.

8236. The following funds are hereby established in the county treasury to which the money belonging to the district and raised by taxation shall be apportioned by the treasurer:
(a) Bond fund.
(b) Construction and maintenance fund.
(c) District expense fund.
The treasurer shall pay out district funds only upon warrants of the commission signed by the president and attested by the secretary, except that all bonds and coupons shall be paid on presentation by the county treasurer out of the bond fund without warrant. Upon request of the commission or its secretary the treasurer shall report in writing to the commission the amount of money in the various funds, the amount of receipts since his last report, and the amounts paid out.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 11 - Transfer of Projects › Section 8237.

8237. After any project has been completely constructed the commission may at its option convey all the right, title and interest of the district in and to that project to the city in which the project was constructed or county if the project is in an unincorporated area; provided, the governing body of the city or county consents to and accepts the conveyance, and agrees to maintain the project. All projects so conveyed shall be held by the city or county without any further liability or responsibility on the part of the district. No such conveyance shall affect the liability of the district for any bonds previously issued by the district.
(Amended by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 12 - Dissolution › Section 8250.

8250. Whenever it shall deem it advisable, the commission shall, by resolution, order that an election be held in the district upon the question of dissolution of the district. The election shall be called and conducted in the same manner as other elections of the district, and if at the election, two-thirds, or more, of the votes cast are in favor of the dissolution, the district shall be dissolved.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 12 - Dissolution › Section 8251.

8251. Upon dissolution of a district containing a single city, any property which may have been acquired by the district shall vest in the city, except projects theretofore transferred and conveyed to the county under the provisions of Chapter 11 of this part.
Upon dissolution of a district containing two or more cities, undisposed of property shall be distributed by the commission to the cities by a formula based on the assessed valuation of property contained in the cities as shown on the last equalized assessment roll of the county.
(Amended by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 12 - Dissolution › Section 8252.

8252. If at the time of the election to dissolve the district there is outstanding any bonded indebtedness of the district, the vote to dissolve shall dissolve the district for all purposes except the levy and collection of taxes for the payment of that outstanding indebtedness. From the time of dissolution until the bonded indebtedness, together with interest thereon, is fully paid, the board shall constitute ex officio the commission and shall levy such taxes and perform such other acts as may be necessary to raise the money for the payment of the outstanding indebtedness of the district.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 13 - Determination of Legality of District › Section 8265.

8265. Any district, in order to determine the legality of its existence, may institute a proceeding in the superior court of the county.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 13 - Determination of Legality of District › Section 8266.

8266. The proceeding is instituted by filing with the clerk of the court a complaint setting forth:
(a) The name of the district.
(b) Its exterior boundaries.
(c) The date of its organization.
(d) A prayer that the district be judged legally formed under this part.
(Amended by Stats. 2002, Ch. 784, Sec. 591. Effective January 1, 2003.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 13 - Determination of Legality of District › Section 8267.

8267. The summons shall be addressed generally to all persons interested in the district, or in any of the lands contained in the district, and shall be served by publishing a copy once a week for four weeks in a newspaper of general circulation published in the county.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 13 - Determination of Legality of District › Section 8268.

8268. Within 30 days after the last publication of summons, any person interested may appear and answer the complaint. The answer shall set forth the facts relied upon to show the invalidity of the district. If no answer is filed within the time allowed the court shall render judgment as prayed for in the complaint. If an answer is filed the court shall proceed as in other civil cases. The proceeding is in rem and the judgment rendered is conclusive against all persons who could have appeared in the action and against the State.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 13 - Determination of Legality of District › Section 8269.

8269. If any provision of this part is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this part. The Legislature hereby declares that it would have passed each provision of this part irrespective of the fact that any one or more such provisions be declared unconstitutional.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8275.

8275. At any time after the formation of a district the board may determine that contiguous territory should be annexed to the district.
(Added by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8276.

8276. The board shall fix a time and place for hearing of the matter of annexation and shall direct its clerk to publish a notice pursuant to Section 6066 of the Government Code in any newspaper circulated in the county which the board deems most likely to give notice to the landowners of the territory proposed to be annexed.
(Amended by Stats. 1957, Ch. 357.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8277.

8277. The notice shall contain a description of the territory proposed to be annexed and the time and place at which objections to the annexation will be heard.
(Added by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8278.

8278. At the time and place of hearing, or at any time to which it is continued, the board shall consider any objections which may be filed against the annexation of any territory to the district.
(Added by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8279.

8279. After the hearing the board may refuse to annex any territory to the district or it may include all or a portion of the territory proposed to be annexed. If the board determines to annex any territory it shall by order entered on its minutes alter the boundaries of the district and annex thereto all or such portion of the territory as will be benefited by inclusion in the district.
(Added by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8280.

8280. Any territory which will not be benefited by inclusion in the district shall not be included in the district.
(Added by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8281.

8281. The order of annexation shall be conclusive evidence of the validity of all prior proceedings leading to the annexation recited therein and upon the making of the order, the territory shall become a part of the district and shall be taxed, together with the remainder of the district, for all taxes thereafter levied by the board for the purposes of the district.
(Added by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 14 - Annexation of Territory › Section 8282.

8282. The procedure prescribed in this part shall be the exclusive method of formation of such district and of annexation of territory to a district.
(Added by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8290.

8290. Subject to the provisions of Chapter 8 of Part 1, Division 2, Title 5 of the Government Code, the unincorporated territory of a county which was not included within a district at the time of the formation of such district, and which subsequent to the formation of such district is annexed to or otherwise included within a city which is a part of such district, shall immediately upon such annexation to such city be included within the district and shall thereafter become a part of the district to the same extent as such city; except such portion or portions thereof which the city council has determined, in proceedings under this chapter, will not be benefited by inclusion in the district.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8291.

8291. Prior to the completion of proceedings for the annexation or inclusion of unincorporated territories to or within a city which is a part of a separation of grade district the city council shall adopt a resolution containing the following:
(a) A description of the unincorporated territory involved in the annexation or inclusion proceedings.
(b) A statement that unless excluded by the city council all portions of such unincorporated territory shall upon annexation to or inclusion within the city be included within the district, and naming the district.
(c) A statement of the time and place at which objections to inclusion within the district will be heard, which time shall not be less than 30 days after the adoption of the resolution.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8292.

8292. The resolution shall be published pursuant to Section 6066 of the Government Code in the territory proposed to be annexed or included. The first publication shall be at least 20 days prior to the date of the hearing.
(Amended by Stats. 1957, Ch. 357.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8293.

8293. The hearing may be continued from time to time and from place to place for not exceeding a total of 60 days by public declaration thereof, and no other notice of the fact of such continuance need be given.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8294.

8294. At the hearing, the city council shall hear all relevant and pertinent objections to inclusion of any portion or portions of the territory within the district and may, in its discretion, hear arguments against the objections urged.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8295.

8295. At the hearing, or within 20 days after the adjournment thereof, the city council shall by resolution determine what, if any, portion or portions of the territory should not be included within the district because not benefited by such inclusion.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8296.

8296. Upon the completion of the annexation or inclusion of the unincorporated territory described in Section 8290 to a city, the clerk of the legislative body of such city shall so notify the secretary of the commission of the district and shall furnish such secretary with a certified copy of the ordinance or resolution adopted by the legislative body of such city annexing or including said territory to such city and of the resolution determining what portion or portions of the territory should not be included in the district because not benefited by such inclusion.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 15 - Annexation of Territory Annexed to or Included in a City › Section 8297.

8297. Upon receipt of the certified copy of the resolution or ordinance, and resolution, referred to in Section 8296, the secretary of the commission of the district shall file a statement of the change of the district boundaries which has resulted from said annexation of unincorporated territory to a city together with a map or plat indicating the boundaries of the district as so changed with the assessor of the county in which the district is located and with the State Board of Equalization pursuant to the provisions of Chapter 8, Part 1, Division 2, Title 5 of the Government Code.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8300.

8300. This part may be cited as the Public Streets, Highways, and Service Easements Vacation Law.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8301.

8301. Unless the provision or context otherwise requires, the definitions in this chapter shall govern the construction of this part.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8302.

8302. “Adoption” of a resolution includes passage or enactment of a resolution.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8303.

8303. “Clerk” includes a person or officer who is the clerk of a legislative body.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8304.

8304. “Legislative body” means:
(a) In the case of a county or city and county, the board of supervisors.
(b) In the case of a city, the city council or other body which, by law, is the legislative body of the government of the city.
(c) In the case of the California Transportation Commission, the commission.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8305.

8305. “Local agency” means a county, city, or city and county.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8305.5.

8305.5. “Public entity” means a local agency or the California Transportation Commission.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8306.

8306. “Public service easement” includes all or part of, or any right in:
(a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, polelines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.
(b) An easement or right of a type described in Section 8340.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8306.5.

8306.5. “Public utility” means a public utility as defined in Section 216 of the Public Utilities Code.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8307.

8307. “Resolution” includes an ordinance.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8308.

8308. “Street” and “highway” include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 1 - Short Title and Definitions › Section 8309.

8309. “Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8310.

8310. This part shall be liberally construed in order to effectuate its purposes.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8311.

8311. (a) The procedures provided in this part are alternative procedures for vacating streets, highways, and public service easements. The authority granted in this part is an alternative to any other authority provided by law to public entities.
(b) The provisions of this part shall not apply to or affect any other provision of this code. If proceedings are commenced under this part, the provisions of this part, and no other provisions of this code, shall apply to the proceedings.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8312.

8312. Except as provided in Section 8315, a city legislative body may vacate, pursuant to this part, all or part of a street, highway, or public service easement within the city and a board of supervisors may vacate all or part of a street, highway, or public service easement within the county but outside a city.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8313.

8313. (a) If the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement.
(b) The procedure prescribed in Section 65402 of the Government Code shall be followed if that section applies to the proposed vacation. If Section 65402 of the Government Code does not apply to the proposed vacation, the legislative body may submit the proposed vacation to the local planning commission or planning agency and give the commission or agency an opportunity to report upon the proposed vacation.
(Amended by Stats. 1986, Ch. 982, Sec. 31.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8314.

8314. Section 892 applies to a street, highway, or public service easement vacated pursuant to this part.
(Amended by Stats. 2000, Ch. 787, Sec. 15. Effective January 1, 2001.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8315.

8315. A state highway may be vacated under this part only by the commission.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8316.

8316. One or more streets, highways, and public service easements, whether or not contiguous, may be included and vacated in the same proceeding.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 2 - General Provisions › Section 8317.

8317. (a) Proof of publication of a notice shall be made by affidavit pursuant to the Code of Civil Procedure. Proof of the posting of a notice shall be made by affidavit of the person posting it, reciting the facts of the posting.
(b) An officer required to have any notice published or posted shall file the affidavit in his or her office. Failure to do so does not invalidate proceedings under this part. An affidavit so filed is prima facie evidence of the facts stated in it.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 3 - General Vacation Procedure › Section 8320.

8320. (a) The legislative body of a local agency may initiate a proceeding under this chapter in either of the following ways:
(1) On its own initiative, where the clerk of the legislative body shall administratively set a hearing by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this chapter.
(2) Upon a petition or request of an interested person, at the discretion of the legislative body, except as provided in subdivision (e) of Section 8321, where the clerk of the legislative body shall administratively set a hearing by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this chapter.
(b) The notices required by this chapter shall contain both of the following:
(1) A description of the street, highway, or public service easement proposed to be vacated and a reference to a map or plan, that shows the portion or area to be vacated and includes a statement that the vacation proceeding is conducted under this chapter. In the case of a street or highway, the description shall include its general location, its lawful or official name or the name by which it is commonly known, and the extent to which it is to be vacated. In the case of a public service easement, the description shall identify it with common certainty. The map or plan showing the location of the street, highway, or public easement proposed to be vacated is sufficient compliance with this paragraph.
(2) The date, hour, and place for hearing all persons interested in the proposed vacation. The date shall not be less than 15 days after the initiation of proceedings.
(Amended by Stats. 1998, Ch. 876, Sec. 20. Effective January 1, 1999.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 3 - General Vacation Procedure › Section 8321.

8321. (a) Ten or more freeholders may petition the board of supervisors to vacate a street or highway under this chapter. At least two of the petitioners shall be residents of the road district in which some part of the street or highway proposed to be vacated is situated and shall be taxable therein for street or highway purposes.
(b) Five or more freeholders may petition the board of supervisors to vacate a public service easement under this chapter. At least one of the petitioners shall be a resident of the township in which the public service easement proposed to be vacated is situated.
(c) The residence address of each petitioner shall be set forth in the petition.
(d) The board of supervisors may require the payment of a fee for filing a petition to defray the expenses of investigations, mailings, publications, and postings under this chapter.
(e) Upon the filing of a petition and the making of the deposit, if any, required under this section, the board of supervisors, by order, shall fix the date, hour, and place of the hearing on the petition. At least two weeks before the day set for the hearing, the clerk of the board shall mail a notice of the date, hour, and place of the hearing to each of the petitioners at the address set forth in the petition.
(f) Nothing in this section shall affect the right of a legislative body to initiate a proceeding under this chapter upon its own initiative, or upon petition or request of an interested person, or prevent the board of supervisors from vacating a street, highway, or public service easement without charging costs if the board determines it is in the public interest to do so.
(Amended by Stats. 1981, Ch. 64, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 3 - General Vacation Procedure › Section 8322.

8322. (a) Except as provided in subdivisions (b) and (c), notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the local agency conducting the proceeding and which is selected by the legislative body for that purpose or by the clerk or other officer responsible for the publication where the legislative body has not selected any newspaper for that purpose.
(b) If the proceeding is conducted by a city and there is no daily, semiweekly, or weekly newspaper published and circulated in the city, the notice shall be published in some newspaper published in the county in which the city is located.
(c) Notice need not be published under this section where there is no daily, semiweekly, or weekly newspaper published and circulating in the county in which the local agency conducting the proceeding is located.
(Amended by Stats. 1998, Ch. 876, Sec. 21. Effective January 1, 1999.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 3 - General Vacation Procedure › Section 8323.

8323. At least two weeks before the day set for the hearing, the legislative body shall post conspicuously notices of vacation along the line of the street, highway, or public service easement proposed to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices shall be posted.
(Amended by Stats. 1998, Ch. 876, Sec. 22. Effective January 1, 1999.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 3 - General Vacation Procedure › Section 8324.

8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested.
(b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied.
(Amended by Stats. 1998, Ch. 876, Sec. 23. Effective January 1, 1999.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 3 - General Vacation Procedure › Section 8325.

8325. (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. No fee shall be charged for recordation.
(b) Upon such recordation, the vacation is complete.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 1 - Authority › Section 8330.

8330. (a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.
(b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following:
(1) Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway.
(2) Terminate a public service easement, unless the easement satisfies the requirements of Section 8333.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 1 - Authority › Section 8330.5.

8330.5. (a) Subject to subdivisions (b) and (c), the commission may retain, relinquish to a local agency pursuant to Section 73, or summarily vacate a state highway that has been superseded by relocation.
(b) The commission shall not vacate a state highway unless the commission has first given a notice of relinquishment pursuant to Section 73 and the legislative body of the local agency has protested within the prescribed 90-day period that the highway is not needed for public use and should be vacated by the commission.
(c) If vacation of a state highway would cut off all access to the property of any person which, prior to relocation, adjoined the highway, the commission shall either retain the highway or relinquish it pursuant to Section 73.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 1 - Authority › Section 8331.

8331. The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 1 - Authority › Section 8332.

8332. The legislative body of a local agency may summarily vacate a street or highway pursuant to an agreement entered into with the department pursuant to Section 100.2 to close the street or highway at or near the point of its interception with a state freeway.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 1 - Authority › Section 8333.

8333. The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a public service easement in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
(b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
(Amended by Stats. 2015, Ch. 269, Sec. 35. (SB 184) Effective January 1, 2016.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 1 - Authority › Section 8334.

8334. The legislative body of a local agency may summarily vacate any of the following:
(a) An excess right-of-way of a street or highway not required for street or highway purposes.
(b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 1 - Authority › Section 8334.5.

8334.5. Notwithstanding any other provision of this article, a street, highway, or public service easement may not be summarily vacated if there are in-place public utility facilities that are in use and would be affected by the vacation.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 2 - Procedure › Section 8335.

8335. (a) (1) The legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this chapter by adopting a resolution of vacation.
(2) The legislative body may delegate the authority to vacate a public service easement to any public officer or employee otherwise qualified to prepare easements or approve parcel maps or final maps as defined in Title 7 of Division 2 of the Government Code, pursuant to the authority provided in this chapter by recordation of a document containing the information in subdivision (b).
(b) The resolution of vacation shall state all of the following:
(1) That the vacation is made under this chapter.
(2) The name or other designation of the street, highway, or public service easement and a precise description of the portion vacated. The description of the portion vacated may be by a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity.
(3) The facts under which the summary vacation is made. If the vacation is made pursuant to Section 8332, the statement shall include the date of the agreement. The resolution is prima facie evidence of the facts stated.
(4) That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement.
(5) If the resolution of vacation applies to a public service easement vacated by a public officer or employee delegated authority pursuant to subdivision (a), a certification that all entities having any right, title, or interest in the public service easement being vacated have been notified of this action.
(Amended by Stats. 2015, Ch. 269, Sec. 36. (SB 184) Effective January 1, 2016.)