SECTIONS 250-260 - California Statutes

WATER CODE

SECTION 250-260

250. In the name of the people of the State of California, the
department may acquire by eminent domain any property necessary for
state water and dam purposes. The department shall not commence any
such proceeding in eminent domain unless the project for which the
property is being acquired has been authorized and funds are
available therefor.

252. Subject to Sections 1240.670 and 1240.680 of the Code of Civil
Procedure, the real property which the department may acquire by
eminent domain, or otherwise, includes any property dedicated to park
purposes, however it may have been dedicated.

253. The department may acquire, either in fee or in any lesser
estate or interest, any real property which it considers necessary
for state water and dam purposes. Real property for such purposes
includes, but is not limited to, real property considered necessary
for any of the following purposes:
(a) For rights of way.
(b) For the purposes of exchanging the same for other real
property to be used for rights of way.
(c) For rock quarries, gravel pits, or sand or earth borrow pits.
(d) For offices, shops, or storage yards.
(e) For parks adjoining or near any state dam or water facility.
(f) For the culture and support of trees which benefit any state
dam or water facility by aiding in the maintenance and preservation
of the facility.
(g) For drainage in connection with any state dam or water
facility.

257. The director may execute all deeds or conveyances necessary to
convey any real property or interest therein to be sold or exchanged
under the provisions of this code. He may insert in any such deed or
conveyance such conditions, covenants, exceptions and reservations
as in his opinion are in the public interest or may convey in fee
simple absolute. All statutes relating to state lands or to
reservations of minerals therein or to reservations of rights to
prospect for or mine or remove such minerals are inapplicable to
lands heretofore or hereafter acquired by the State or conveyed by
the State pursuant to the provisions of this code or pursuant to the
provisions of previously existing statutes codified in this code, and
no such statute in respect to state lands hereafter enacted shall be
applicable thereto unless the Legislature expressly so declares.
It shall be conclusively presumed in favor of any purchaser for
value and without notice of any real property or interest therein
conveyed pursuant to the provisions of this code that the department
acted within its lawful authority in acquiring the property, and that
the director acted within his lawful authority in executing any deed
or conveyance or lease authorized by this code.

258. The authority conferred by this code to acquire real property
for state dam and water purposes includes authority to acquire for
future needs. The department is authorized to lease any lands which
are held for state dam and water purposes and are not presently
needed therefor on such terms and conditions as the director may fix
and to maintain and care for such property in order to secure rent
therefrom.

259. When the department condemns the property of any common
carrier railroad, other public utility, or state agency, or the
appurtenances thereof, it shall be governed by Article 3 (commencing
with Section 11590) of Chapter 6 of Part 3 of Division 6.

260. In any lease, easement, or right of entry agreement entered
into whereby the department leases real property or obtains a grant
of easement, right-of-way, or right of entry in real property for the
purpose of exploration for, or construction, operation, or
maintenance of, water projects, or for other investigations or data
collection, the department may agree to indemnify and hold harmless
the lessor or grantor and may agree to repair or pay for any damage
caused by reason of the uses authorized by such lease, easement,
right-of-way, or right of entry. Insurance may be purchased by the
Department of General Services, upon request of the department, to
protect the department against loss or expense arising out of such a
lease, easement, right-of-way, or right of entry.