SECTIONS 120240-120244 - California Statutes

PUBLIC UTILITIES CODE

SECTION 120240-120244

120240. The board 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
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 necessary to the full or convenient exercise of its
powers.

120241. Whenever a portion of a parcel of real property is to be
taken for board purposes and the remainder is to be left in such
state or condition as to be of little value to its owner, or to give
rise to claims or litigation concerning severance or other damage,
the board may acquire the whole parcel and may sell the excess
portion or exchange it for other property suitable for board
purposes.

120242. The board shall have or exercise the right of eminent
domain in the manner provided by law for the condemnation of private
property for public use. The board may take any property necessary or
convenient to the exercise of the powers granted in this division,
whether the property is already devoted to the same use or otherwise.
In the proceedings, venue, and trial relative to the exercise of the
right, the board has all the rights, powers, and privileges of an
incorporated city and all rights, powers, and privileges conferred in
this division. The board shall proceed in the name of the board in
condemnation proceedings. The board, 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. If property is condemned by the board, the board may
take possession and use the property in accordance with the
provisions of Section 1243.5 of the Code of Civil Procedure.

120243. 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 board. No taking or acquisition by the
board 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
board may commence and maintain such eminent domain proceedings in
the Public Utilities Commission or the superior court at its option.

120244. The board 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.