SECTIONS 8310-8317 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 8310-8317

8310. This part shall be liberally construed in order to effectuate
its purposes.

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.

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.

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.

8314. Section 892 applies to a street, highway, or public service
easement vacated pursuant to this part.

8315. A state highway may be vacated under this part only by the
commission.

8316. One or more streets, highways, and public service easements,
whether or not contiguous, may be included and vacated in the same
proceeding.

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.