SECTIONS 862-870 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 862-870

862. The department may proceed as provided in this article to
establish the boundaries of any State highway right of way where such
boundaries are unknown or uncertain.

863. A right of way map shall be filed as provided in section 128,
showing such boundaries as are claimed by the State. Such map shall
delineate such boundaries to be established with sufficient detail to
enable the lines to be located on the ground by survey.

864. After filing such map, the department shall publish a notice
at least once in a newspaper of general circulation published in the
county wherein the unknown or uncertain boundaries are located. Such
notice shall contain:
(a) A statement that proceedings are being taken under this
article of this code for the establishment of the boundaries of a
certain section of highway, describing such section briefly.
(b) A reference to the said recorded map, by number, or map book
and page, for definite information as to said boundaries.
(c) An address within the county at which objections in writing to
such boundaries may be filed.
(d) A statement that failure to file such objection within six
months from the date of publication of notice constitutes a waiver of
any owner's rights to object to the boundaries so established.

865. Within fifteen days from the publication of such notice, the
department shall post signs along and approximately on the boundaries
delineated on such map in conspicuous places and at intervals of not
more than one-fourth of a mile, and in no event no less than three
signs. Such signs shall bear in letters at least one inch high the
words "Highway Line" and in smaller print shall state:
(a) All the information required in the notice provided for in
section 864.
(b) The date of the publication of such notice.

866. The department shall restore any such signs which have been
destroyed or become illegible in the third month after the first
posting.

867. Any owner of property abutting on any highway, the boundary of
which is so proposed to be established, who disputes the correctness
of the highway boundary claimed and so proposed to be established,
must file his written objection at the place specified in said notice
within six months of the date of publication of notice, specifying
in what respect and to what extent the proposed boundary, as it
affects his property, is erroneous.

868. Any owner who fails to file such objection within such six
months period waives his right to object and is conclusively presumed
to have agreed to the boundary delineated on the map and the same
becomes, as to his property, the agreed and established boundary of
such highway.

869. If an objection is filed the department shall not perform any
work on the property claimed by the objector until it has been
finally determined by a court of competent jurisdiction that the
objection filed is without merit or until the probable compensation
has been deposited for the person filing the objection as provided in
Article 1 (commencing with Section 1255.010) of Chapter 6 of, or the
amount of the award has been deposited as provided in Article 2
(commencing with Section 1268.110) of Chapter 11 of, Title 7 of Part
3 of the Code of Civil Procedure. This section shall not apply
insofar as any objector may make claim to a part of the established
traveled way.

870. The proceedings hereby authorized may be taken only to
establish the boundary of a public easement for highway purposes, and
it is not presumed that any nonobjecting owner has agreed to any
greater interest than an easement in the public.