SECTIONS 100130-100133 - California Statutes

PUBLIC UTILITIES CODE

SECTION 100130-100133

100130. The district may take by grant, purchase, devise, or lease,
or condemn in proceedings under eminent domain, or otherwise
acquire, and hold and enjoy, real and personal property of every kind
within or without the district necessary to the full or convenient
exercise of its powers. The board may lease, mortgage, sell, or
otherwise dispose of any real or personal property within or without
the district necessary to the full or convenient exercise of its
powers.

100130.5. (a) The district may take by gift, or take or convey by
grant, purchase, devise, or lease, and hold and enjoy, real and
personal property of every kind within or without the district
necessary for, incidental to, or convenient for, transit-oriented
joint development projects that meet the definition and requirement
set forth in subdivision (b).
(b) (1) For purposes of this section, a transit-oriented joint
development project is a commercial, residential, or mixed-use
development that is undertaken in connection with existing, planned,
or proposed transit facilities and is located 1/4 mile or less from
the external boundaries of that facility.
(2) Any transit-oriented joint development project created under
this section shall comply with the land use and zoning regulations of
the city, county, or city and county in which the project is
located.
(c) Notwithstanding Sections 53090 and 53091 of the Government
Code or any other provision of law, the authority granted under this
section is subject to the land use and zoning regulations of the
city, county, or city and county jurisdiction in which the
transit-oriented joint development is located, in accordance with the
Planning and Zoning Law (Title 7 (commencing with Section 65000) of
the Government Code), relating to zoning.

100131. The district may exercise the right of eminent domain to
take any property necessary or convenient to the exercise of the
powers granted in this part. The district, in exercising such power,
shall in addition to the damages for the taking, injury, or
destruction of property, also pay the cost, exclusive of betterment
and with credit for salvage value, of removal, reconstruction, or
relocation of any structure, railways, mains, pipes, conduits, wires,
cables, or poles of any public utility which is required to be moved
to a new location.
No taking or acquisition by the district which would involve the
abandonment, removal, relocation, or use of the property of a
railroad corporation, as defined in Section 230, shall be permitted
unless the Public Utilities Commission, after a hearing, shall find
and determine that the public interest and necessity require the
abandonment, removal, relocation, or use of such property and that
such taking or acquisition will not unreasonably impair the ability
of the railroad corporation involved to provide safe, adequate,
economical, and efficient service.

100132. The Public Utilities Commission of the state shall have and
exercise power and jurisdiction to fix just compensation to be paid
for the taking of any property of a public utility in eminent domain
proceedings brought by the district. The district may commence and
maintain such eminent domain proceedings in the Public Utilities
Commission or the superior court at its option.

100133. The district is entitled to the benefit of any reservation
or grant, in all cases, where any right has been reserved or granted
to any public agency to construct or maintain roads, highway or other
crossings over any public or private lands.