SECTIONS 11400-11402 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 11400-11402

11400. If following the hearing the legislative body shall
determine that the pedestrian mall shall be established, and if at
that time there remain any written claims for damages which have not
been allowed pursuant to Section 11310 or which have not been
withdrawn, the legislative body shall direct that an action or
actions be brought in the superior court in the name of the city by
the county counsel, district attorney, or city attorney, as the case
may be, or other attorney designated by the legislative body for a
determination of the damages, if any, to which the claimant may
legally be entitled because of the establishment of the pedestrian
mall. Such action shall be in the nature of a proceeding in eminent
domain for the condemnation of the right or rights in real property,
the taking of which by the establishment of the pedestrian mall
results in the damages claimed. Except as may otherwise be provided
in this part, such action and proceeding shall be governed so far as
the same may be made applicable by the provisions relating to
proceedings in eminent domain. Except as provided in Article 2
(commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3
of the Code of Civil Procedure, in any such action the resolution of
intention adopted pursuant to this part and the resolution adopted
under Section 11311 conclusively establish the matters referred to in
Section 1240.030 of the Code of Civil Procedure.

11401. The judgment in any such action shall be satisfied and a
final order taken before vehicular traffic is prohibited, in whole or
in part, on the pedestrian mall pursuant to this part.

11402. Anything in this part to the contrary notwithstanding,
nothing in this part shall be construed or interpreted as creating
any right in any person to damages or compensation by reason of the
establishment of a pedestrian mall, it being the intention of the
Legislature in enacting this part to provide an orderly method for
the determination and payment only of such damages and compensation
as are required by the Constitutions of the State of California and
the United States of America. In this connection the Legislature
hereby expressly declares that it is its intention that to the extent
to which the establishment of a pedestrian mall is justifiable as an
exercise of the police power for which no compensation is
constitutionally required, no damages or compensation shall be
allowed in any action.