SECTIONS 8345-8349 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 8345-8349

8345. As used in this article, "public body" means a city or
special district as defined in Section 54775 of the Government Code.

8346. (a) A public body or public utility may request a local
agency for notice of proceedings to vacate a street or highway.
(b) Every local agency shall maintain an index of requests for
notice of vacation proceedings received pursuant to this section. The
index shall be made available to the public upon request.

8347. If a public body or public utility has requested notice of
the vacation proceeding under Section 8346, the local agency shall
give written notice of the vacation proceeding to the public body or
public utility within 10 days after:
(a) The adoption of a resolution of intention or the filing of a
petition to vacate.
(b) The adoption of the resolution of vacation in cases not
covered by subdivision (a).

8348. (a) Within 30 days after receipt of the notice of the
vacation proceeding, the public body may:
(1) Determine that public convenience and necessity require a
public easement to maintain, operate, replace, remove, or renew its
existing works installed in the street or highway that is the subject
of the vacation proceeding.
(2) File for record in the office of the recorder in the county in
which the vacated street or highway is located, a verified notice of
its public easement so determined over the street or highway, or
part thereof, that is particularly described in the notice.
(b) Failure to record the notice of public easement within 30 days
after receipt of the notice of the vacation proceeding extinguishes
the right of the public body to a public easement.
(c) If the local agency fails to give the required notice of the
vacation proceeding, the public body may determine and record notice
of its public easement at any time within 180 days after recordation
of the resolution of vacation. The failure of the public body to
record its notice within the 180-day period extinguishes the right of
the public body to a public easement over the vacated street or
highway.

8349. Nothing in this article shall be construed to:
(a) Affect any reservation or the right to reserve easements
pursuant to this chapter or any other provision of this code.
(b) Make the rights of the public in or to a street or highway
subordinate to a public easement determined pursuant to this article.