SECTIONS 103240-103244 - California Statutes

PUBLIC UTILITIES CODE

SECTION 103240-103244

103240. 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.

103240.5. (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 intermodal 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 Section 103265 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.
(d) The authority granted under this section extends to any joint
powers agency of which the district is a member and for which the
district serves as the managing agency.

103242. 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 agency or utility which is required
to be moved to a new location.

103243. 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. 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. The
district may commence and maintain such eminent domain proceedings in
the Public Utilities Commission or the superior court at its option.

103244. 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, highways, or
other crossings over any public or private lands.