SECTIONS 8330-8334.5 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 8330-8334.5

8330. (a) The legislative body of a local agency may summarily
vacate a street or highway that has been superseded by relocation.
(b) A street or highway shall not be summarily vacated pursuant to
this section if vacation would do either of the following:
(1) Cut off all access to a person's property which, prior to
relocation, adjoined the street or highway.
(2) Terminate a public service easement, unless the easement
satisfies the requirements of Section 8333.

8330.5. (a) Subject to subdivisions (b) and (c), the commission may
retain, relinquish to a local agency pursuant to Section 73, or
summarily vacate a state highway that has been superseded by
relocation.
(b) The commission shall not vacate a state highway unless the
commission has first given a notice of relinquishment pursuant to
Section 73 and the legislative body of the local agency has protested
within the prescribed 90-day period that the highway is not needed
for public use and should be vacated by the commission.
(c) If vacation of a state highway would cut off all access to the
property of any person which, prior to relocation, adjoined the
highway, the commission shall either retain the highway or relinquish
it pursuant to Section 73.

8331. The legislative body of a local agency may summarily vacate a
street or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway
has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or
highway during such period.

8332. The legislative body of a local agency may summarily vacate a
street or highway pursuant to an agreement entered into with the
department pursuant to Section 100.2 to close the street or highway
at or near the point of its interception with a state freeway.

8333. The legislative body of a local agency may summarily vacate a
public service easement in any of the following cases:
(a) The easement has not been used for the purpose for which it
was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation.
(b) The date of dedication or acquisition is less than five years,
and more than one year, immediately preceding the proposed vacation,
and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined
to be excess by the easement holder, and there are no other public
facilities located within the easement.

8334. The legislative body of a local agency may summarily vacate
any of the following:
(a) An excess right-of-way of a street or highway not required for
street or highway purposes.
(b) A portion of a street or highway that lies within property
under one ownership and that does not continue through such ownership
or end touching property of another.

8334.5. Notwithstanding any other provision of this article, a
street, highway, or public service easement may not be summarily
vacated if there are in-place public utility facilities that are in
use and would be affected by the vacation.