36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to...

40
8/15/72 First Supplement to Memorandum 72-52 Subject: Study 36.65 - Condemnation (Existing Sections--Public Utilities) Memorandum 72-52 deals disposition of various provisions of existing lav that deal specifically with public utilities. Exhibit II of that memorandum sets forth a provision designed to replace various provisions dealing with disposition of controversies arising out of the removal or relo- cation of public utility property. Attached to this supplement to Memorandum 72-52 is a draft bill to repeal 36 sections of special district laws that will be superseded the sive Statute. These sections are superseded by the provisions relating to suhstit.ut.e condemnation (Section 1240.310 et seq.) of the Comprehensive Statute and the new sections set forth on pages 1-3 of Exhibit II of Memorandum 12-52. We believe that the Commission should consider necessary changes to the special district laws at the time it approves the general provisions to be included in the Comprehensive Statute. This will avoid the need to consider the superseded provisions later as a separate matter. Accordingly, we have collected the superseded provisions in the attached bill. These are not routine repealers. You should examine each proposed repeal, noting that the repealed sections do not all follow the same pattern. We will revise.the Comments to. the repealed sections to include a referenge to the proposed section set out on page 1 of Exhibit II of Memorandum 72-52 (in cases where such a reference is appropriate). We recommend that the Commission approve the attached bill for submission to the Legislature as a part of the eminent domain package. Respectfully submitted, John H. DeMoully Executive Secretary

Transcript of 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to...

Page 1: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

8/15/72

First Supplement to Memorandum 72-52

Subject: Study 36.65 - Condemnation (Existing Sections--Public Utilities)

Memorandum 72-52 deals ~ith disposition of various provisions of

existing lav that deal specifically with public utilities. Exhibit II of

that memorandum sets forth a provision designed to replace various provisions

dealing with disposition of controversies arising out of the removal or relo-

cation of public utility property.

Attached to this supplement to Memorandum 72-52 is a draft bill to repeal

36 sections of special district laws that will be superseded ~ the C~ehen-

sive Statute. These sections are superseded by the provisions relating to

suhstit.ut.e condemnation (Section 1240.310 et seq.) of the Comprehensive

Statute and ~ the new sections set forth on pages 1-3 of Exhibit II of

Memorandum 12-52.

We believe that the Commission should consider necessary conf~rming

changes to the special district laws at the time it approves the general

provisions to be included in the Comprehensive Statute. This will avoid

the need to consider the superseded provisions later as a separate matter.

Accordingly, we have collected the superseded provisions in the attached

bill. These are not routine repealers. You should examine each proposed

repeal, noting that the repealed sections do not all follow the same pattern.

We will revise.the Comments to. the repealed sections to include a referenge to

the proposed section set out on page 1 of Exhibit II of Memorandum 72-52 (in

cases where such a reference is appropriate).

We recommend that the Commission approve the attached bill for submission

to the Legislature as a part of the eminent domain package.

Respectfully submitted,

John H. DeMoully Executive Secretary

Page 2: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

, .

EXHIBIT I

An act to repeal Section 28 of the Alameda County Flood Control and Water

. Conservation District Act (Chapter 1275 of the Statutes of 1949), to

repeal Section 19 of the Alpine County Water Agency Act (Chapter 1896

of the Statutes of 1961). to repeal Section ~.9 of the Amador County Water

Agency Act (Chapter 2137 of the Statutes of 1959). to repeal Section 29 ,

of the Contra Costa County Flood Control and Water Conservation District

.Act (Chapter 1617 of the Statutes of 1951). to repeal Section 30 of the

Del Norte County Flood Control District Act (Chapter 166 of the Statutes of • 1955), to· repeal Section 20 of the El Dorado County Water Agency Act

(Chapter 2139 of the Statute, of 1959). to repeal Section 30 of the Hum­

boldt County Flood Control District Act (Chapter 939 of the Statutes of

1945). to repeal Section 4.9 of the Kern County water Agency A~t (Chap­

ter 1003 of the Statutes of 1961), to repeal Section 33 of the Lake

County Flood Control and Water Conservation District Act (Chapter 1544

of the Statutes of ~951). to repeal Section 651 of the Madera'County Flood

Control and Water. Conservation Agency Act (Chapter 916 of the statutes of

1969). to repeal Section 28 of the Marin County Flood Control and Water

Conservation District Act (Chapter 666 of the Statutes of 1953), to repeal . ,

Section 4.9 of the Mariposa County Water Agency Act (Chapter 2036 of the

Statutes of 1959), to repeal Section 29 of the Monterey CoUnty Flood Con­

trol and Water Conservation District Act (Chapter 699' of the Statutes of

1947), to repeal Section 29 of the Napa County Flood Cpntrol and Water

conservation District Act (Chapter 1449 of the'Statutes of 1951), to repeal

Page 3: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Section 19 of the Nevada County water Agency Act (Chapter 2122 of the

Statutes of 1959), -to repeal Section 39 of the Orange County Water

District Act (Chapter 924 of the Statutes of 1933), to repeal Section

4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes

of 1957) ,.to repeal Section 35 of the Riverside County Flood Control

and Water Conservation District Act (Chapter 1122 of the Statutes of

1945). to repeal Section 4.9 of the Sacramento County Water Agency Act

(Chapter 10 of the Statutes of 1952. First Extraordinary Session). to

repeal Section 33 of the San Benito County Water Conservation and Flood

Control District Act (Chapter 1598 of the statutes of 1953). to repeal

Section 25 of the San Bernardino County Flood Control District Act (Chap­

ter 73 of the Statutes of 1939), to repeal Section 39 of the San Diego •

County FlOod Control District Act (Chapter 55 of the Statutes of 1966.

First Extraordinary Session), to repeal Section 33 of the San Joaquin

County Flood Control and Water Conservation District Act (Chapter 46 of

the Statutes of 1956. First Extraordinary Session). to repeal Section

29 of the-San Luis Obispo County Flood Control and Water Conservation

District Act (Chapter 1294 of the Statutes of 1945), to repeal Section

31 of the San Mateo County Flood Control District Act (Chapter 2108 of

the Statutes of 1959). to repeal Section 30 of the Santa Barbara County

Flood con~ro1~and Water Conservation District Act (Chapter 1057 of the

statutes of 1955), to repeal Section 4.9 of the Santa Barbara County

Water Agency Act (Chapter 1501 of the Statutes of 1945), to repeal Sec­

tion 29 of the Santa Clara County Flood Control and Water District Act

(Chapter 1405 of the Statutes of 1951), to repeal Section 58 of the Shasta

County Water Agency Act (Chapter 1512 of tbe Statutes of 1957), to repeal

-2-

Page 4: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

section 4.8 of the SoLano COl1nty Flood Control and Water Conservation

District Act (Chapter 1656 of the Statutes of 1951), to repeal Section

4.9 of the Sutter County Water Agency Act (Chapter 2088 of the Statutes •

of 1959), to repeal Section 32 of the Tulare County Flood Control District

Act (Chapter 1l~9 of the Statutes of 1969), to repeal Section 20 of the

Tuolumne County Water Agency Act (Chapter 1236 of the Statutes of 1969),

to repeal Section 29 of the Ventura County Flood Control District Act

(Chapter 44 of the Statutes of 1944, Fourth Extraordinary Session), to

repeal Section 19 of the Yuba-Bear River Basin Authority Act (Chapter

,2131 of the Statutes of 1959), and to repeal Section 4.9 of the Yuba

County Water Agency Act (Chapter 788 of the Statutes of 1952), relating

to property subject to or devoted to public use.

'the People of the State of California do enact as follows:

'.

-3-

Page 5: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

'. Alameda County Flood Control and Water Conservation Dis~rict Act, § 28 (Stats. 1949, Ch. 1275)

Conservation District Act, § as ( Stats. 1949, Ch. 1275 j{repes1ed)

Section 1. Section 28 of' the Alameda County Flood Control

and Water Conservation District Act (Chapter 1275 of the

Statutes of 1949) is repeaJ.ed.

'SEe', 8!f--~ -(a)-lfij) -idij judgment in 'eeaetai.-ii.'lch· er agreement ,the dist.rict shall be required to relocate any street,' road, highway, railroad, tmnal or other property subject or devoted to public ose, tbe'board shall have power to aequire in: the narD" of the district, by agreement or condemnation, all rights of way and other pl'operty necessary 01' proper for com·; pliene. with said agreement or said judgment of condemnation and thereafter to make oueh conveyance of such relocated .treet,; road, highway, railroad, canal, or other property as may be; pr9per to comply with SIlid agreement or judgment. .

(b) In the event the district and any common carrier rail. road or other public utility fail to 8h"l'ec as to the character or iooation of new improvements or works BOu~ht to bo performed

· by the district, the eilal'aeter and locatiou of Koch new improve-. menU! or work" and any other oontroversy t:"lating thereto shaH;

· be submitted to and determined by the Public Utilities Com·· mis.."iion: and jurjsdiction of ~ueh eontrovel"Sies is hereby vested: in said commission. '

( e) l'roceed iugs under this section relating to the juris­diction of said commission may be instituted, maintained, and determined in the mode prescribed in paragraph. 1, 2, 3, 4, 5, 6, mud 7 sf "Blution (8) 8£ 888tjSft 'OJ 8f the Paelie lHiliMea Aei

· as. ~Z!MM: -." GIt.,'ep Sii sf tile 8tat:tl~e& 6' 1~a.3 . •

ALL

IN

IRRIKEOUT

COlllIOOnt. Sl;ction 28 is superseded by the more general provisions

of tba Eminent Domain Law. See Code Civ. Proc. II 1240.)10 et seq.

8.3--9

Page 6: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

'.

Alpine County Water Agency Act, S 19 (Stats. 1961, Ch. 1896)

Alpine County Water Agency Act, § 19 (Stats. 1961, Ch. 1896) (repealed)

Sec. 2. Section 19 of,the Alpine County Water Agency

Act (Chapter 1896 of the Statutes of 1961) is repealed.

t:;l:U. HI. (8) 1 f ~iW' QIl;" jua'iffil r!it in e8lt~-@~Hlati8u e; ; agrC(!l!lc:.Ht the 8J:eney is rt'CIHil'ed to rclo{;ate any -street, road, : lI'I;2.'\,W:I.'. t'aih'('<I,L l:~lIiai HI' lllht'I' 1II'[)jlt'rty ~llhj(~·t of d\·\,ntt·d tH

pH],}ie use, t~H.~ hllurd m;IY a(;qllin~ in the mune of Ue agenCYI by agrf'1~mellt or (~olHklLl.uiltl(JnJ nil righb;-Q~~way a.nd other property necessary or proper for compliance with sncb agree·:

,ment or jud~meJJt of condemnation aud ther~.after to make ;such conveyance of tilt. reloeated street, ruad, highway, rail. road, canal, or other property as may be proper to comply with the agreement or judgment. All agreemellts for the ex. change of property and all judgment. requiring relocation of otber public liS,,", a, specified in this section and ill Section 7 of tbig act, shall provide that in making the exchange the propllrty condemned and exohanged .hall be limited to public

: use by the party with whom such exchange i. made. : (b) In the event the agency and any commmi carrier rail. ,road Or other public utility fail. to agree a< to the character or . lor..ation or new improvements or works sOll~ht to be pcriOl'IIwd by the agency, the eharacte~ and location of such new improve. ment. or worka and any other Co"trOyersy relating thereto

: shall be suhuutted to and iletermined by the l'ublic Utilities , Commission.

(eJ Proceedings under this section relatin~ to the juris-dic:tion of said cormni!:t.-,.;jtlU ma.'~ be iUstitutt'·d. moliHtaiU(~d ani}

'determined in the manner prescribed in Ol,apt.r 6 (com. m9lH~i1lA "iiNtk ~aati9B: l!lQl) d Il8M 1 df llivio'!i"l1 1 61 'MIe Pttblie Utilities 6ude.

ALL

S'l'RIlIEOUT

CcmDent. Section 19 is superseded by the more general provisions of

the Eminent Doma:in Law. See Code Civ. Proc. § l24o.310 et seq.

45.1--3

"

Page 7: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

r.

Amador County Water Agency Act, § 4.9'(Stats. 1959, Ch. 2l37}

Amador County Water Agency Act, § 4.9 (Stats. 1959. Ch. 2l37)(repealed)

"

Sec. 3. Sectior, 4.9 of the Amador County Water Agency

Act (Chapter 2137 of the Statutes of 1959) 1s repealed.

8Me t,Q.' (Ii) 11 l1~r IlJI:f jQQ@m@st iFt '(I~sdIlIRRatiija 81' . .

agreement the agen<.'Y is required to relex.ato any street, road, highway, railroad, canal or other property subject or devoted to public lISe, the board may acquire in the name of the agency, . by agreement or condemnation, all rights of way and other

· property necessary or Proper for compliance with such agree-· ment or ·judgment of condemnation and thereafter to make ' such conveyance of the relocated street, road, highway, rail· road, canal, or other property as may b. proper to comply with the agreement or ju,lgment. All agreerucnts for the exchange , of property and all judgments requiring relocation of other , public UBe8, as specified in this section aud in Section 3.4 of ALL this act, shall provide that in making the exchange the prop· ' erty condemned and exchanged shall be limiW to public use Ilf by the party with whom sucb exchange is made.

(b) In the event the .agency and any comm<m carrier rail. road or other public utility fail to agree as to the character or STRIKEOUT location of new improvements or works sought to be performed

· by the $geney. the character and location of such new improve • . menta or worka and any other controversy relating thereto shall be submitted to and determined by the Public Utilities Commission.

(e) Proceedinga under this section relating to the jurisdie­tion of said commission may be instituted,' maintained and determined in the manner prescribed in Chapter I> (commenD' btl ,a' SeeHes 1891) at PMt 1 tlf Bi IitJi&ft I ef Wie PlJl!1ie

: 1::ltiIA;§ 8ode.

I

Ccament. SectiOll 4.9 is superseded by tbe .ore general provisioos of

the Eminent Dc.a1n Law. See Code Civ. Proc. § 1240.31-0 et seq.

Page 8: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Contra Costa County Flood Control and Water Conservation District Act, § 29 (Stats. 1951, Ch. 1617)

Contra Costa County Flood Control and Water Conservation District Act, § 29 (S"Cats. 1951, Ch. 1617Hrepealedl

Sec. 4. Section 29 of tne Contra Costa County Flood

Control and Water Conservation District Act (Chapter 1617 of

the statutes of 1951) is repealed.

888. 89. (a' Ii 83 Aft,! jad@'Betlt itt eBBi: ,hilt "&1-agreement the district shall be required to relocate any .treet, road, higbway, railroad, canal or other property subjeet or devoted to puhlic use, the hoard &hall have power to acquire in

. the name of the district, by agreement or condemnati~n, all rights of way and other property necessary Qr proper for com. pliance with said agreement or said judgment of condemnation and tbereafter to make such conveyance of such relocated "treel, road, highway, railroad, canal, or other property as may be proper to comply with said agreement or judgment.

(b) In the e"ent the district and any common carrier rai 1_ road or other puhlic utility fail to a"ree as to the character or location of new improvements or works sought to he performed hy the di.trict, the character and location of sueh new impro\'<,­mellts or works and any other controversy relating thereto shall be submitted to and determined by the Public Utilities Com-

o mission; and jurisdiction of s11ch controversies is hereby vested in aaid commission_

(0) Proceedinga under this _tion relating to the juris­dietion of said commission may be instituted, maintained, and determined in the mode preseribed in para,,"l'apbs 1, 2, 3, 4, 5, 6, aBi 7 el8~BBeM8n (e) sf SeMien fa 8f tile Pshlie Yioilieiel s.tefl

~ .. MI!l8118111lliy gh.,br ~8i 8f ike S ..... ha &f 1993. ,

ALL

IN

STRIKEOUT

C_nt. Section 29 is superseded bY' tile more general provisions of

tile Eminent Dcaain Law. See Code Civ. Proc. § 1.240.310 et seq.

8.5--8

Page 9: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Del Norte County Flood Control District Act, § 30 (Stats. 1955 J

Ch. 166)

Flood Control District Act § Ch. 166

Sec. 5. Section 30 of the Del Norte County Flood Control

District Act (Chapter 166 of the Statutes of 1955) is repealed.

8Be. 8Q. lilly..., .~UR18n' 8r jYliilfllUlM ill OOaQQawati8R the district shall be required to reloeate any street, road, high. way, railroad, canal or other prGperty .uhje<!t or devoted to public Wie, the hoard shall ha"e power to ae'luire in the name of the district, by agreem~nt or condemnAtion, all rights of way and other property necessary or proper for compliance. with said agreement Gr said judgment of cGndemllation and thereafter to make .mob con"eyance of snch reI_ted street, road, highway, railroad, canal, or Gther property as may be proper tG comply with said agreement or juilgment. It shall be provided in all agreements for exchange of property and judg. ments requi ring relocation of other public uses .. specified in this s{~ction Imd in Rect.ioH 7 or thiq ad, that in making' ~Hch exchanges it sball be specifically provided that such property ~ ~_Jl~~~~i e.Huu~geti fie .liM!i48& to Jtylalie liae hoy tae ,an,. """,6.wB8IB weB eaekaRge J8 msPia.

ALL

IN

SI'RIKEWI'

CClllllent. Section 30 is superseded by the more general provisions of

the Emtn~nt J)anain Law. See Code Civ. Proc. § 1240.310 et seq.

Page 10: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

, ,

El Dorado County Water Agency Act, § 20 (Stats. 1959, Ch. 2139)

E1 Dorado County Water Agency Act, § 20 {Stats. 1959. Ch. 2139)[epealed}

Sec. 6. Section 20 of the E1 Dorado County Water Agency

Act (Chapter 2139 of the Statutes of 1959) is repealed.

iJl!~. UQ. (8) It ey &By jY8@1Bl@Biill e9B'liamr'tioa ~ .... ment the IIgency is required to relocate any street, road, high­"'''y. railroad, canal or other property subject or devoted to I'llb!ie n"", the .1:>oard may acquire in the name of the agency, by agreement or e'ond6IDnation, all rights of way and other proJ"'rty necessary or proper for compliance with III10h agree­ment or judgment of condemnation and thereafter to make melt conveyance of the relocated street, road, high_y, rail· 'DIld, canal, or other property as may be proper to compJ;y with the agreement or judgment. All agreemenlB for the exohrmg& of property and all judgments requiring relocation of other public uses, as specified in this section and in Section 8 of this act, sball provide thst in making the exchange the property condemned and exchanged shall be limited to public lISe by tbe party with whom such exchange is made.

(b) In the event the agency and any common earrier rail­road or other public utility filii to agree 88 to the ehe.racter or loeation of new improvements or works sought to be performed by-.the agency, the .barae,ter and location of sueh new improve­ments or works and any other controversy relating thereto shall be submitted to and determined by the Public Utilities Commission.

(oj Proceedings under this section relating to the jurisdic­tion of said commission may be instituted, maintained and det~rmined in the maun"r prescribed in Chapter 6, commenc­ittt: at Seetie:tl laO}, sf }lad 1 Ai l>iIj'1&isa 1 at Q:e PMlie Ut:ilities 128 e1 eo

ALL

STlUXEOUT

CCllllDent. Section 20 is superseded by the more general provisions of

the Eminent Domain Law. See Code Civ. Proc_ § 1240.310 et seq.

,

Page 11: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Humboldt County Flood Control District Act J § 30 (State. 1945 J

Ch. 939)

Humboldt County Flood Control Dietrict Act, § 30 (state. 1945. Ch. 939) .0:.::.Eealed)

Sec. 7. Section 30 of the Humboldt CoUllty Flood Control

District Act (Cbapter 939 of the Statutes of 1945) is repealed..

the district sftall~h<> rctjl1ired to TO'locate any stl'eo;t, road, high­,way, railroad, cnna) uJ" 'Oth"r property subject or devoted to public u"", tile houri! shall have pow"r to acquiN in the name of the district, by a/:,.<,<,rnellt or condemnation. all rights of way and other property necessary or proper for oomplianee with said agreement or eaid judgment of cOIl(\emnation /lnd thereafter to make such conveyonce of snch reloc'Bted street, road, highway, railroad, canal, or other property a.. may be proper to comply with flIIid agreement or jndgment. It shall be provided in aU. '!!feemenl. for e..~ehan«<' of property and jud!l1llents reqniring' relocation of other public lIseS ns "1'E'I';fied in this section and in, i:le<:tion7 of this act. that in ma kiug such exchanges it shall' be specifically .pr.ovid.d tha~ such property so ~demned and'

ALL

IN

STRIKEOUT

Comment. Section 30 is superseded by the more general provisions of

the Eminent Demain Law. See Code Civ. Pree. § 1240.310 et seq.

8.8.-8

Page 12: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

r

Kern County Hater Agency Act, § 4.9 (Stats. 1961, Ch. 1003)

Kern County Water Agency Act, § 4.9 (Stats. 1961, Ch. lOO3)(repealed)

Sec. 8. Section 1'.9 of' the Kern County Water Agency Act

(Chapter 1003 of the Statutes of 1961) is repealed.

·Sne, 4.9. (IS) If h,t ftr:., jttd~pnli iR eeftrii~I!l1Il&'i8Jl 8' · agreement the agency is required to relocate any street, road, · highway, railroad, eanal or other property subject or devoted to public nM, the board may aequire in the name of the ageney, by agreement or condemnation, all rights-of-way and other: property necessary or proper for ,.ampliance with such ag .... e­mront or jndgmPllt of condemnation and thereafter to make ,nch conveyance of 1M relo<,ated street. road, highway, reil­road, "anal, or other propert)' 8S may be proper to comply. with tI,e al'reem(mt or judgment. All agreements for the ex-:

· ehling'e of propert.y And all judgments requiring relocation of nther pub] it~ HS~S. a, .... ~lwdfit.'"d in this section and in Section 3.4 of this Rct, shaH provide that in making the exchange the' property (·(mdemne.! and exchanged shall be dedicated to pub-' lie u •• by the party with whom such exchange is made.

(b) In the evellt the age!!"y and any common carrier rail­road or other public ntility faH to agree as to the eharacter or location of Ilew improvements or works sought to be per­fanned by the agen"y, the character and location of sueh new improvenlcnts or works and any other controversy relating. th,'reto shall b~ submitted to and determined by the Public Utilities Commission. .

(e) Proceedings under this section relating to the jurisdic­tion of ",id commi ... ion may be instituted, maintained and; determined in the manner prescribed in Chapter 6 (commenc" ,jug at Sec+iPIJ 120]) of Fa" 1 of l)iltilioR 1 ef ilie Pu+die UtiJitiu Code.

~

ALL

IN

STRIKEOUT

Comment. Section 4.9 is superseded by the more general proviSions of

the Eminent DGDain Law. See Code Civ. Proc. § 1240.310 et seq.

45.1--2

Page 13: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Lake County Flood Control and Water Conservation District Act (Stats. 1951, Ch. 15L4), § 33 (added stats. 1954, 1st Ex. Sess.,

/Ch. 62, § 48)

Control and Water Conservation District Act Stats. 1951 added Stats. 195 1st Ex. Sess. Ch. 2 re ealed)

Sec. 9. Section 33 of the Lake County Flood Control and

Water Conservation District Act (Chapter 1544 of the Statutes of

1951) is repealed.

Sec. lla. tal If 8) lUI..., jlttl~hlCll" in C8Rd:S!nJt8tiSIt or agl'@e ment the district shall be required to relocate any street, road .. highway, railroad, canal or other property subject or devoted to public uae, the hoard shall have power to acquire in the name. of tbe· disirict, by agreement or condemnation, aU rights of way and other property necessary or proper for compliance with said agreement or said judgJMnt of condemnation and tbereafter to make such conveyance of sueh relocated street,' road t highway, railruad, canal, or other property as may be' proper to comply with said ~recment or judgment.

(b) In the ownt lh. district Hnd any common carrier rail­road or other public utility fail to agree as to tlle character or IDeation of new imprOVL"mellts or works sought to be performed by the district, the character and locatio!) of such new im­provements or works and any other c~ntroversy relating th .... to shall be submitted to and determined by the Public Utilities ConUllill>lion; and jurisdiction of sneh controversies ise bereby vested in .aid commission.

(c) Proceedings nnder this section relating to the jurisdic­tion Df said commiSfiion may be instituted, maintained, and

. oietennined in the mode prescribed iii paragraphs 1,2, 3, 4, 5, S, dlld 7 ef Mut.seellitut (e) 6f St'.ekeft 48 M tke PttlJlie UtiJ;,i8&,: Ad ea lUtientfta 0,' ~ntft,tet 856 8# tlae B.tates of 1998.

ALL

IN

Sl'RIKEOUT

CQllDent. Section 33 is superseded by the more general provisions of

tile Eminent Danain Law. See Code Civ. Proc. § 1240.310 et seq.

8.9--6

Page 14: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

It1O.dera County Flood Control and Water Conservation Agency Act, § 651 (Stats. 1969, Ch. 916)

Act § 651

Sec. 10. Section 651 of the Madera County Flood Control

and Water Conservation ,>gency Act (Chapter 916 of the Statutes

of 19(9) .1s repealed.

'~I!I9c liBi. If e,. cm-y jaeigIJBeB:t i:B e8BlieBYl8iiell Sf &,. &@'PM ment the agency sluill be required to r<lloeate any street, road, highway or rtilroad, IIUbjeet or devoted to public usa, the board shall have power to aequire in the name of the agency by agreement or condemnation, all right.of-way and other. property necessary or proper for the· complianee with said agreement or judgment and thereafter, and without further . authorization, to make sueh conveyance of such r<lloeated street, .

. ·rQaG, aigllwa.y ep Mil,eRs, AI .. ,. be ,P91H1P t& 191R,J,y ~ :. laiEi Rl"eefBeH\ 8. j:a(jfllleM.

Ar.L IN STRIKEOUT

CClllDent. Section 651 is superseded by the BOre general provisions ·of

the Eminent DaDain Law. See Code Clv. hoc. § 1240.310 et se9..

"

8.37--3

Page 15: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Marin County F'looo Control and Water Conservation District Act,

;/ §28 (Stats. 1953, Ch. 666)

Marin Count Flood Control and Water Conservation District Act, § 28 Stats. 19 3 Ch. re ealed

Sec. 11. Section 28 of the Marin County Flood Control ana.

Water Conservation District Act (Chapter 666 of the Statutes of

1953) is repealed.

$Kg lli (Il) If lag: liB!" auqaORt iia aQlIitsmr£lioB RI'- .,., •• ment the district shan be required to relocate any street, road, . highway, railroad, caual <>r other property subjeet or de...oted to public use or benefit, the board shall have power to 8C<juire in the name of the district, 10, ngr.ement or condemnation, all rights of way and other property necessary or proper for com­pliance with said sgreement or said juilgment of condemnation and thereafter to make such ""nveyance of sueb relocated street, road, highway, railroad, canal. or other property as may be proper to comply with said agreement or judgment. All costa of relocating or otherwise changing any portion of a state highway shall b. paid from funds available for righta of way for flood control purposes and not from fonds appropriated for state highway purposes.

(b) In the event the district and any common carrier rail­road or other public utility fail to ogree as to the charaeter or location of new improvementa or works sought to be perfonned

. by the district, the character and location ofauch new improve-· ments or works and any otber controversy relating thereto shall be submitted to and determined by tile Puhlic Utilities Com­mission; and jurisdiction of soch controversies is bereby vested in said eommission.

(e) Proceeding!< tinder this section relating to the jurisdic­tiqn of said commission I"l'lsy 'be instituted. maintained, and .le.tcuuiILLcl ift the Mstie f1rcseriu{,a iA 8eet:.i:sil6 1896 t:e UU?, i!'ll ~ e1wsi,t, o£ dte P4'htic B tinbes 9ode~

ALL

IN

STRIKEOUT

Cc:mment. Section 28 is superseded by the more general provisions of

the Eminent Domain Law. See Code Clv. Proc. § 1240.310 et seq.

8.l2--7

Page 16: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Mariposa County Water Agency Act, § 4.9 (Stilts. 1959, Ch. 2036)

Mariposa County Water Agency Act, § 4.9 ,(StiltS. 1959, Ch. 2036)~pealed)

Sec. 12. Section 4.9 of the Mariposa County Water Agency

Act (Chapter 2036 of the Statutes of 1959) is repealed.

·Sea. 4.9. (a) If "h,.- Ml¥ jajrmMlC iB '8R&m·reti8~ 8. agreement the agency is required to relocate any street, road, highway, railroad, canal Or other property SIIbjeet or devoted to public use, the board may acquire in the name ol the agency, by agreement or condemnation, all righta-of.way and other property neecssary or proper for camplianee with such agree­ment or ju,l~ment of eonllemnlltion aud thereafter to make lIIloh conveyance of the relocated street, road, highway, ran· road, canal, Or other property as may be proper to comply with the agreement or judgment. All agreements for the ex­change of property and all judgments requiring relocation of other public uses, as speeifted in this.section and in Section 3.4 of th i. act, .hall provide that iu making the exchange the property condemned and exchanged shall be limited to public use by the party with whom such exchange is made.

(b) In the event, the ageucy and any common carrier rail· road or other public utility fail to agree as to tbe ellaracter. or location of new improvements or works sought to be per­formed by the agency, the "haractu and location of such new 'improvements or works and any other controversy relating, . thereto shall be submitted to and determined by the Public Utilities Commission.

(eJ Proceedings nnder this section relating to the jurisdie .. tion of said commission may be inmituted, maintained and de. termined in the manner prescribed in Chapter 6, commencing lilt Sootign 12 0' Of Part 1 Of DiJdsiop 1 Of the RubJio lltiHtiil

,-Coile. ; ,

ALL

IN

STRIKEOUT

Camnent. Section 4.9 is superseded by "the more general provisions 01'

the Eminent DaDain Law. See Code Civ. Proc. § 1240.310 et seq.

45.8--3

Page 17: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Monterey County Flood Control and Water Conservation District Act, § 29 (stats. 1947, Ch. 699)

,

FJ.ood Control and Water Conservation District Act § 29 Ch. 99 rerealed)

Sec. 13. Section 29 of the Monterey County Flood Control

and Water Consal~ation District Act (Chapter 699 of the Statutes

of 1947) is repealed.

ihllh gg (8) Ii lij 88y jIHi~Rll!6li iR 802ltiemttatirm 0. agr,~ement the district shall be re'luired to relocate any street, road, highway, railrooA, canal "r other ]JToperty subject ot devoted to public u,e. the board shall h.,'e power to acquire in t~e name of the district, by n~recm{"l'tt or condemnation, all rIghts of way and other propert.vueces"ary or proper for oom­p1i&nce with sajd agreement or Mi~l judgment of oondpmnation and thereafter to make .ud, ('011\'<'.1'."(°0 of sllel, relocated street, road, hjg-h\\"ay, rai 1 r(k'ld , ('anal, or other property as may be proper to comply witll said agr..,n,..nl or judgme.nt. It ,h"U be provided in all agreements for exchange of property and judg­ments requiring relocation of other pubJic uses as specified in this seetion and in Section € of this act, tllat in making such. exchanges it shaH be specifieally provided that such property 80 condemned and exehanged be limited to public use by the party with whom sueh exc~ange i. made.

(b) In the event tile district and any common carrier rail­road or other public utility fail to agree as to the character or locatiou of new improvements or works sollght to be performed by the district, the character· and location of such new improve­ments or works and any other controversy relating thereto shall be submitted t.o and determined by the Public Utilities Commis­sian; and jllrisdiction of slIeb eontrovel'llies is hereby vested in said commission.

(c) Proceedings IIlldcr this section relating to the jurisdic­tion of Mid eommllision may be instituted, maintained and d~termined in tbe mode prescribed in paragraphs 1, 2, 3, 4, 5, 6, and 7 of sub .. <tion (e) of Section 43 of the Public Utilities Act: lW tmlCll~ed tij Ohaptu 8S6 of the Bbltutes _of 1989.

Comrrent. Section 29 is sunersedad by the more general

prOvisions of theEminent Domain Law. See Code Civ. Proc. e 1240.310 et seq.

8.14--8

Page 18: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Nape County Flood Control and Water Conservation District Act, § 29 (Sta~s. 1951, Ch. 1449)

NaTa County Flood Control and Watar Conservation Dis·~rict Act, § 29 Stats. 1951, Cn. l449)(repealed)

Sec. 14. Section 29 of the Napa County Flood Control and

Water Conservation District Act (Chapter 1449 of the Statutes of

1951) is repealed.

~l!ie. -gl~f. fa) If h.'ll an;, j=y ~t!91@llt 1M: tUul\4QHmatiQA 'fW

agreement the district shall he required to re\oeat< any street, road, highway, railroad, ('anal err other proprrty suhject or devotr~d to puLJic U~, the hoard shall have power to acquire in the name of the distriet, by a"reement or condemnation, all rig-bts of ,.,Tay and nther property necessary or proper for com· plian~e with s(tid a,;.tTel~ment or said judgrnrnt of condemnation

. and thereafter to make such conveyance of such relocated street,. road1 highway, r.ailroad, eanal, or other property as may be proper to comply with said agreement or judgment. It shall be provided in all agreement" for exchange of property and jndg­m.ents Te-quirinlJ; relof'ation of ntli.p.f public uses as specified in this sectiun and in Se(':tion 6 of tJJis act1 that in making .such "xchanges it shall be spe"ifi,'ally pl·odded that such property so condemned and exch"ng,,{j b,' limited to public use by the· party wit h 1-,.vhom sueh !'-Xl'llIHl!:!t" is made.

(u) In the e\"ent Uw dish'lei and any (;OmmOll ca.rrier rail­road (If other public utility fail to ag-l'er:: as to the character or loration of nt"w lmpron:~m('ut ... or works sou;!!ht to be performer1 by tlH' distrie:t, the (·lwracter illlfll(}(;.ation of .'HH."h. rww im;rro\'t~­ments or works and any otlwr (:untrO\T'_r~y fc-Iating t hH'-('tn shall bE' :;ubmitted to and detf'-l"nllU('d bv Iht~ Public L'tiliti('-s C-ommis­siort; and jurisdictiou of SUdl (,"'(tntruvcThies is hereln..- ve~ted in !'.aid co~missiOll. ~

(~~) Procccdings under this "icetion relating- to the: jurisdic. tion uf x:tid ('Ommi&;lUU ma.y be instituted, malntaine.d. and dctt:rmim"d in t.he nwde prl~scrihed in paragruph;s 1, 2, 3, 4, 5~

, b, oml 7 of aliMUp.d-idfl (6) iJf ilt(.tiuh 43 oj' th€. Public. UtHitiM , A~t. flU a&l:LIH_,j~Q iJy C:RR}iteF ~'j1 of the i?'Nltahlu fir Htg;§.

ALL

STRIKEoUT

Comment. Section 29 is superseded by the more general provisions of

the Eminent Domain Law. See Code elv. Proc. § 1240.310 et seq.

8.16--8

Page 19: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

I I

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1 1

;):;;; JO Nevada County Water Agency Act, § 19 (Stats. 1959, Ch. 2122)

Nevada County Water Agency Act, § 19 (Stats. 1959, Ch. 2l22}(repea1ep~

Sec. 15. Section 19 of the Ifevada County ... ater Agency

Act (Chapter 2122 of the Statutes of 1959) is ,repealed.

888. 19~ (&) II ~,. aHoY jailRlB8:f iB. IJOlul8IRHMisB 0.­agreement the agency ia required to relocate any street, road, highway, railroad, canal or other property subject or devoted to ;

:publie use, the board may acquire in the name of the agency, r ; by agreement or condemnation, all rights-of-way and other; property neeessary o~ proper for compliance with such, agree- ! ment or jlldgment of >condemnation and thereafter to make' such conveyance of the relocated street, rOad, highway, rail-, road, ,canal, or other property as may be proper to comply' with the agreement or judgment. All agreements for the ex­ehange of property and all judgments requiring relocation of othet' public nses, as specified in this section and in Section 7 ' hI this act, shall provide that in making the exchange the property condemned and exchanged shall be limited to public WIll by the party with whom such exchange ia made. ,

(b) In the .'\Ient the agency and any common eanier rail­road or other public utility fails to agree as to the eharseter or location or new impro'\lements or works sought to be performed by the agency, the eharacter and location of such new improve­ments or works and any other oontrovel'SY relating thereto, shall be submitted to and determined by the Public Utilities Commission.

(c) Proceedings nnder this section relating to the jnris­diction of said Mmmission may be institnted, maintained and determined in the manner preseribed in Chapter 6 (com­

- .. nein, at StatiQ'" 1201) of :eDt 1 tit J;lWWSB 1 9' t6e P~ilie J~tili~_e8 Sefle.

ALL

IN

STRIKEOUT

C(JIIIIent, Section 19 is superseded by the more general provisions of

tbe Eminent nc.ain Law. See Code C1v. Proc. 5 1240.310 et seq.

45.10--3

,

Page 20: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

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1

J!~// Orange County Water District Act, § 39 (Stats. 1933, Ch. 924)

Orange County Water District Act, § 39 (Stats. 1933, Ch. 924){~a1a1)

Act

Sec. 16. Section 39 of the Orange County Water District

(Chapter 924 of the Statutes of 1933) is l't'lpea1ed.

SEC. 39: The board of directors shall have power to eon· struct works aerosa any akeem'of water, wateNOnrse, street, avenue, bighway, road, railway, canal, ditch, flume or other property subject to ..... devoted t6 public use, in BUeb mn on . as to a1f6rd security to life and properly; but said board shall: restore said property when 80 crossed or inte~ted, to its former state as nMJ' as may be, and in IUch manner as DOt

· to have impaired anneMss&rily its Wlefv.ln..... If the OWlWr' or owners of any land, easement or franchise so to be eroaeed: CUI not agree with the district as· to the amount to be paid thareeor or the 100000ol1 '(If such cl'OIIIing or &I1y other m&ttelll in lIOnnectioo . tber<!1lrith, the ¥me. shall be determined and ~ in all ""*ts as is in thia act provided in l'eIIJ*Il. to·ihetakiug otlllll4. In __ an;,r atreet. road, highway, rail­roed; W>Il; or 6tMr propel!ty lillbject OJ' devoted to pubiio _ . sIIaIl."beeome subjeet to flooding or oUter intederenee by rft.. 80Il of the -uuetioa or prepoeed eonatruetion of &aY'tI'Ol'b.

· of the diatrmorprojeet the board of directors of the diatriet lIlA)' ,uquiro by agreement or eondemnatiCIII the right 10' to 1Iood or .otb&rw:ise interfere with such property, within 01' with­IQ& the district wltetherit be publiely or privately owned, and ill!leh right be @qllired by oondEmlllJltion, the juc!plent 1IIBir. if the eourt IIballtlnd that publie' neceaoity <Ir eonTem- ..

· l'equiree, direet the district to relocate such street, read, high.. WAY, railroad; caaal OJ' other property in aooorduee· with pl&ll8- p-mbed.by the eoui'tUld if by aueh judplent or.,.. ~t the mstriee Hall ... required to reloeate any IUII!8 street; road, highway, niIroad,sUl Dr CItber propertYlNO­jeot or devoted· ta public .uae,. the board shallhava power t~

· .."quire in _the name of the . diatriot, by -&gr8ement 01' con­demnal;iaa. all rights .of way and other property near pry Of .

· pIOper for _plianee with llllidagreement. or 1IIlid jlldlllllent of e<lDdemD&tion 8Ild thereafter to make 8Ueh _veyaDeeI of aucA reloeatEd 1IUeet, road, highway, railroad, eanal, or other

· property as m&y be proper \:() comply· with aid agreement Ot judgm&lIt. • The right of way is h.,wy given, dedleated and set .. part to Ioeate, oons~ct and mamtain any of the WQrU of the distrietover and through any of the lands which·are . now, or may become the property of this State and also there is given, dedicated and set apart, for the _ and pu1'PtIMI aforesaid, aU waters and water rights belonging to thiII State Within the dlmict.

ALL IN

STRIKEOOT

COI1UlJent!,.,.ssetion 39 is superseded by the more gereral pz:ovisions ·of the EJrdnent Doma(~. See Code Civ. Froe. 138 1240.310 et seO' (subBtitlrt.e .

. eonlleJmationf;i~' .1212440.510 at seq. (compatible useill.. 124Q.61 tt seq. (mare neCeB!!al"Y pub 1.e use). ,.45 .ll-~ • -

Page 21: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Placer County Water Agency Act, § 4.9 (Stats. 1957, Ch. 1234)

Placer County Water Agency Act, § 4.9 (Stats. 1957, Ch. 1234)(repealed)

sec. 17. Section 4.9 of the Placer County Water Agency

Act (Chapter 1234 of the Statutes of 1957) is repealed.

· agreement the agency is required to relocate any street, road, · highway, railrorul, canal or other pl'operty subject or devoted to public use, the board may acquire in the name of the agency,

· by agr.eement or condemnation, all ri!!hts of way and otber · property necessary or propel' for compliance with such agree-' ment or judgment of condemnation and thereafter to make

.• snch conveyance of 1M relocated street, road, highWAY, rail­road, canal, or otber property as may be proper to ~'Omply

· With the agreement or jud!!ment. AU agreemonts for tbe ex­change of property aud all judgments requiring relocation of otber public ooes, as specified in this ""otion and in Seetion 3.4 of this act, shall pro.,ide that in making the exchange the property condemned and e:s:cllanged shall be limited to public use by the pa~ty with whom ""ell exchall!!e is made.

(b) In the event the agency and .IlIY common carrier rail­road or other public utility raj] to agree as to the character

· or loeation of new improvements OT works !<Ought to be per­formed by the ageney, the eharacter and loC>tHon of sueh new improvements or works and any other controversy relating thereto shall be submitted to and determined by the Public Utilities Commission.

(e) Proceedings under tbis section rei81ing to the jurisdic­tion of said commission may be instituted, maintained and <le­tt>rmin.d in tbe manner preileribed in elll'pter 6, commencing It Section 18Ql, of PM! 1 af YLioiulL 1 Elf the Public Utilities ~.

~

ALL

STRIKEOUT

CaBaeDt. Section 4.9 i8 superseded by the more general provisions of

the Eminent Dallllin Law. See Code Civ. Proc. § 1240.310 et seq.

45.12--3

Page 22: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

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Riverside County Flood Control and Water Conservation District Act, § 35 (stats. 1945, Ch. 1l22)

Riverside Count Conservation District Act stats. 1 5

Sec. lB. Section 35 of the Riverside County Flood Control

and Water Conservation District Act (Chapter 1122 of the Statutes

of 1945) is repealed. :iS9: 3a:- If 9jr a8,. jHI'R@Bt\ iB eefttlslBB8:tdaH -8. ·el' aclee

ment the district shall be required to reloc&te any street,road, highway, rail.r<lad, canal or other property subject or devotod to public use, the board shall have power to acquire iu the name of the district, by agreement or oondemnation, all rights of way

. and other property necessary or proper for compliance with. &aid agreement or said judgment of oondemnation and there-· after to make such conveyance of such relociltcd street, r\)a(i.:

.. hich"*". railleati, U. 1, &f sUler pf'spet'" atJ ~IY 88 Jil'o,ar' '8 eetettJy "it,h [email protected] o. jBtllM!Bk ~

STRIKEOU'l'

C~nt. Section 35 is superseded by the more general provisions of

~he Eminent Domain Law. See Code Civ. Proc. § 1240.310 et seq.

8.l9--8

Page 23: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

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Sacramento County Water A~ncy Act, § 4.9 (Stats. 1952, 1st Ex. Sess., Ch. 10)

,

Sacramento County Water A$eIlcy Act, § 4.9 (Stats. 1952, 1st Ex. Sess., Ch. 10) (repealed)

Sec. 19. Section 4.9 ot the Sacramento County Water Agency

Act (Chapter 10 of the statutes ot 1952, First Extraordinary

Se ssion) 18 repealed.

8H8. !l.9~"--H h", sa, j1idpi:8Rt ie 8B8~8J8:R8ti8R Fir '3£ att188 ~t the age-,,;cy shall l><: required to relocate any street, road, highway or railroad, subject or devoted to public use the board ahall have power to acquire in th e name of the agelIC~ by agree. ment or condemnation, all rights of way and other property ~ or proper for the compJian~ with said agreement or Judgment and thereafter, and without further Ruthorization to make. 8UCh eonveyance of suob reloeated street, road, high';ay ~ • • aMa •• , ae .. y lJe ,.61,8. t9 891&,1r¥ wita Bahi. .&O.@9* 9'­:JtI".eBa

ALL IN STRIKEOUT

C~nt. Section 4.9 is superseded by the .ore general proviBions of

the binent DaDain Law. See Code eiv. Proc. § 12110.310 lit seq. ~ .

Page 24: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

San Benito County Water Conservation and Flood Control District Act, § 33 (state. 1953, Cb. 1598)

San Benito Count Water Conservation and Flood Control District Act § stats. 1 Cb. 15

Sec. 20. Section 33 ot the San Benito County Water Conservation

and 1100d Control District Act (Chapter 1598 of the statute. of 1953)

.larepeaJ.ed •

WWG. ~tll' (2) If Iw ony judFTPent jp 4opdgmu,!tjou or agreement the district shall he re(luired to rdocate any otreet, road, highWll)'. railroad. canat or other property subject or devoted to public use: the board shall have pow"r to acquire ill the name of the district. by agr<'€ment or oondemnation, all rights of way and other property lIeee~ry or proper f<>. oom· p1iKne(~ wjth said ag-reeinent or said judgmf>ut. of ('_olldr-mllation and thereafter to malie such oonveyanee of .Hch relocated stre(l't. mad, hig-bway, railroad, eanaJ j or ot.her prOpt'rty as may be proper to comply with said agreement or judgment. It shall be provided in all agreement. for exchanqe of property and jlHtgm~nt~ requirin~ relt~ation of otbt'l' puhlie llses as: specified in this seeti()n and in Section 8 of tbis act. tbat in making sue}, exchanges it shall be specifically provided that snch property so condemned and exchanged Iw limited 10 public US" by the party with whom sn"h ?-,,"hanlte is made.

(b) In the event tll" di,trict and an~' common carri~r rail· road or other public ut.ility fail to a!!,ree as to the <harne·ter or

:. location of npw impro\'p.ments or works sought to be performed . hy thf'! district, Ole eharaetf'l' and loeati-Ou of ouch new improvl'~

lnpntA or works and any ertlHJr (·.ontroversy relatiug tht~l"etn shall . be 0" bmi tted to and determ ined bv the I'll bli c IT tili tie" Comm is· o sion; and jurisdiction of ~Udl (:ontroYf"l'sies is hereby vcsted ih said commission.

(c) Proceedlng~ under this s(lCt.ion r.elat.ing to the jurlsdie~ tion of said cmnmi!o;s.ion may be in:o.tituted. maintained and determined in the Ina,].' p .. '<crilwd in par8j(rapbs 1. 2, 3, 4, 5., 6. lind i of tUhSCCtihU k) of Of .tt Ph 1')::f the .PttlAic Yllilit.ies: .Aet It!! tll\iel~ftl·4i. Ii!. -GhlllltPp ~lja sf tl:!e jI'illfuteR p.f lQaa.

ALL

IN

STRIKEOUT

Comment. Section 33 is superseded by the more general provisions of

the Eminent Domain Law. See Code Civ. Proc. § 1240.310 et seq.

8.00--8

Page 25: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

..

San Bernardino County Flood Control District Act, § 25 (Stats. 1939, Ch. 73)

San Bernardino County Flood Control District Act. § 25 (Stats. 1939, Ch. 73) (repealed)

Sec. 21. Section 25 of the San Bernardino County Flood

Control District Act (Chapter 73 of the Statutes of 1939) is

repealed.

, Slae. ole Ie eMB.." &&eM; pe.'" It ..... ...., ... b!s,il,,-••• \ or other property subjcct or devoteci to public use ahall beooIIIe subject to flooding or other interr_oo by J:e&8OII of .ih!I ·con. strlletion or proposed coll8!ruet.ion <If any worD of the diatriet or project, the board of supervisora of the distriet may acquire by agreement or condemnation the right·1IO to tIood or .other. wise interfere with BUeb property, lVithin or without the dis­trict whether it be publicly Or privately owned, and JlSUM. right be 8A!quireo:l hi eondpJUnation, the jndgment may, it the court shall find that pub1ie n~ or _~uientle 110 requiNll, direct the district ro relocate snch street, .ro&d,. mp. way, railroad, canal or other property in _rdanee with· plans prescribed by the court and if by such juilgtnfllt or· oy agreement the district .ball be reqllired ro relocalleanymd. street, road, highway, railroad, canal or other property sub· ject or devoted to public 1l8e, the board shall have power. to "cquire in the name of the district, by agreement or· condem­nation, all rights of way and other prOperty Ileoeeaary. or pro""r for oomplianee with said agreementm'said judgment

· ofoondemnation and thereafter to make snell eonveya~of · oi'neh . relO<'Alted 01 reet, roru\, highwllY, l'&ilroad, canal, or other prOpft:tr .as may be pr~P4ir to Q9IRIll:.7 WM~ .ili,.. eM 8r

· je,.Itle!lR:

ALL

IN

STRIKEOUT

C_nt •. Section 25 i8 superseded by the more general provisions of

the Eminent DaDe.in Law. See Code Clv. Proc. § 1240.310 et seq.

8.21--5

Page 26: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

San Diego County Flood Control District Act, § 39 (Stat~. 1966, 1st Ex. Sess., Cn. 55)

San Diego County Flood Control District Act, § 39 (StaGs. 1966, 1st Ex. Sess., .- Ch. 55)(rep~led)

Sec. 22. Section 39 of the San Diego County Flood Control

District Act (Chapter 55 of the Statutes of 1966, First Extra­

ordinary Session) is repealed.

iSQ, 39.···· (a) If" ~y aay Jii;"gmeRf °iil- -iutademaatlea 91"

agreement the district shall be required to relocate any street, , road, highway, rlU1road, canal or other property subject Or : devoted to public use, the 'hoard shall have power to acquire in the name of the district, by agreement or condemnation, all rights-of-way and other property necessary or proper for compliance with said agreement or said judgment of condem­nation and thereafter wmake such eon veyanee of 51lch relo. cated street, road, highway; railroad, canal, or other property as may be proper to comply with said agreement or judgment.

ALL

(b) In the event the district and any common earrier rail­road or other public utility fail w agree as to the charaeter or location of DeW improvements or works rought to be per­formed by the district, the character and location of such new improvements or works and any other controversy relating thereto shall be submitted to and determined by the Public Utilities Commission; and jurisdiction of such controversies ' is bereby vested in said commission. '

(c) Proceedings under this section relating to the juri,die,; , 'tJon of said commission may be instituted, maintained, and detennined in tile mallner prescribed in Chapter 6 (commenc· it.tg a'i Seetie:a lSe1) ef Pap! ] ef Di Thief! 1 .,f t:he PahJic W.:iHtiea Qef1e,

IN

STRIKEOU'.r

Camaent. Section 39 is superseded by the more general provisions of

the Eminent DCIIl&1n Law. See Code Civ. Proc. § 121<0.310 et seq.

8.22--10

Page 27: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

San Joaquin County Flood Control and Water Conservation District Act, § 33 (stats. 1956, 1st Ex. Sess., Ch. 1!6)

Count Flood Control and Water Conservation District Act § 1st Ex. Sess. Ch. ed

• . Sec. 23. Section 33 of the San Joaquin County Flood

Control and·Water Conservation· District Act (Chapter 1!6 of

the statutes of 1956, First Extraordinary Session) is

repealed.

'e~1P. ')'~ (-;) If by Om!" jH~m'Ui\i iA ~cH~d9JRnltiOJi; .Q&'

a~:p'f>e-mf"llt the disi/"id :-.hall he- J'f"C]ult'f.'fl to rrlneate any street, . road~ hi~hway. r~ih'u'Ht, ('RBi:ll or othrr propf."rty subject or devoted to public H."'e j thf': hoard ... haH h.nn~ power to acquire in t.he namr of the dis.tri(~t) oy .:tg'l·(·em"llt or cond.eomnation, aU rights of way all(1 Olher p:-np('t1y ]je<.'~s!'~u'y 1)1' proper for eom~ pl1anC'"e with saki. agr~~{'m(>nr 01" ~.fl.id jl1d~HlfI'Ut of efmdemnation and thert>.ctfter t.o make sud] l'iHlYI~van<'-f" of xu~h relocated street, roafi r highway, rnilt"o;Hi.. ,"anal, 'or other property as may be proper to eomply wi1 h said agreement or jl((l~!m(>nL

(b) In the event tile district and any {:(trrlmHIl carrier rail~ road or other public utility fail to a~ree as [0 thf' chara-c-ter 01' location of new ilnprOVf."m(·Hts or '\i\'ork~ 8)11:;rht to be perform(-tl by the district, the ehara(~tcr and loealiHll of ~ut:h new improve· ments or works and any nther eontro\~t?'I'!-y re-Inting thereto "hiilol be submitted to and determinl'<l h,' the Publ;,· t:tiliti"" Commfi.sion; and jllrisdietinn nf snch (-nut rOY"'l·!·de~ is hf'rt'by . vcst-en in said commission.

(c) Pr~t;'"dings lmder this :Wdion relatiug to the jurisdic. tion of said eommis.~ion may he instituted, maintained, and de. -termined in the mode prf"crib,>a in paragraphs 1, 2, 3, 4, 5, 6, , idle 7 ('if st1b.,eetioll (t;) of BcttiolJ :I'J af the. PtthH1! Utiliti& . At. as ?intended b) e.-iai}t'l t'l;,6 of tht fJtnhl1 ee of 19B9.

ALL

IN

STRIKBOU'l'

C_nt. Section 33 is superseded by the acre general provillions of

the binellt Daaain Law. See Code eiv. Proc. § 1240.310 et seq.

8.23--9

,

Page 28: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

San Luis Obispo County Flood Control and. Water Conservation District Act, § 29 (stats. 1945, Ch. 1294)

Conservation District Act,

Sec. 24. Section 29 of tbe San Luis Obispo County Flood

Control and Water Conservation District Act (Chapter 1294 of

the Statutes of 1945) is repealed.

went the district shall be required to relocate any street, road, highway, railroad, canal or , otber property "ubieet or devoted • to public use, the board aluI,ll have power to acquire in the nam~ of the district, by agreement or condemnation, all righlB of way and otber property neee8SllrY or proper for compliance wi1h said agreement or said judgment of condemnation and there· after to make such conveyance of sucb relocated street, road, highway, railroad, canal, or other property &II wsy be proppr to ALL comply with said agreement or judgment. It shall be provided iu all agzeements for exchange of property and jud{:'1llenta m fi!q\liring reloeation of otber public uses as speeified in thia seetion and in Section 6 of this act, that in making such exchanges it shall be specifically provided lhat such property "" condemned and exchanged be limited to public u"" by tbe STRIKEOUT pany with wholl! such exchange is made.

(b) In the event tll. district and any common eamer rail. rl>4d or other public utility fail to agree as to the character or location of new improvements Qr work. oougbt to b. performed 'b)\tbe diotrict, the charaete-r and location of snr.h new imnrove­menta or works and any other controre..., relating thereti, shall be submitted to Bnd determined by tbe Railroad Commission of the State; and jurisdiction of such controversies ia bereby rested in said. Railroad Commission.

(c) Proceedings under this """tion relating to tbe jurisdic­tion of ,.id Railroad Commission may be instituted, main·. wined and determined in the mode prescribed in paragraphs

'1, 2, ~l, 4, 5, 6, and 7 of sub.eelion (0) of Section 43 of tOO ' . PaMie Utilitie! }:(,t 4!J lHl,lafted 17, Oha1l'tCi S6fi of !!ftc S~ , 9t 19213F '

CCIIIIIlent. Section 29 ill superseded by the more general. 'provisions of

toe Eminent Demain Law. See Code Civ. Proc. § 1240.310 et seq.

8.24--9

Page 29: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

San Mateo County Flood Control District Act, § 31 (Stats. 1959, ell.. 2108)

San Mateo Count Flood Control District Act § Cb.. 2108 re e

Sec. 25. Section 31 of the San Mateo County Flood Control

. District Ac'j;. (Chapter 2108 of the Statutes of 1959) is repealed.

. iRS ~l If ~r au? ;j1i~~lJlqt in le'Q'RdtRIIPatiQR or :by -1iL~ ment the di"triot shall be required to .docate any street, road, highway, railroad, ranal or otl .. r J,,"oprrty su],ject ~r d~voted to pllblic lise. the board shall h."f power to ""'llllre 1U tbe name of tbe distrid, by "!!l'I'cmrnt or condemnation, all rigbts of way and other property nrN,,,,ary or proper for co~pliane~ with said agreemeot or said judgment of condemnatIOn and tllereafter to make such conveyance of such relocated street, : road, lticl ... tl}, rftilre!latl. uwsl, 1)1 etftCI 1"'8,8'" 88 mly ~e! p '8tJel' to eBft1:f!1~, Ii Wk. t:l:i~~ . .uri C-(1i1( Itt 61 jl)~J:'Im,e4t. - ~ _

ALL IN STBIKEOUr

c_nt. Section 31 is superseded by the more general provisions of

the BIIIinent DCIII&!.1l Law. See Code Civ. Proc. § 1240.310 et seq.

8.25--8

,

Page 30: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Santa Barbara County Flood Control and Water Conservation District Act, § 30 (Stats. 1955, Ch. 1057)

Santa Barbara Count Flood Control and Water Conservation District Act 30 Stats. 1 55 Ch. 1057

Sec. 26. Section 30 of the Santa Barbara County Flood

Control and Water Conservation District Act (Chapter 1057 of

the Statutes of 1955) is repealed.

agreement the district shall be required to relocate any street, road, highway, railroad, canal or other property 5ubject or devoted to public nse, tbe board sball bave power to acquire in

. the name of the dL,tric1;, by sgreementor condemnation, all rigb ts of way and other property necessary or proper for com· pliance with said agreement or said judgment of condemnation and thereafter to make such conveyance of sucb relocated. street, road, highway, raill·oad, canal or otber property as may. be proper to comply with ,;aid agroement or judgment. .

(b) In the event the district and any common carrier rail. road or other public utility fail to agree Ill! to the character Or

. location of new improvem~nts or works sought to he performed by the district, tile. charaeter and location of such new im- . prevement or wor],. and allY olller controversy relating thereto shall be submitted to and determined by the Public Utilities Commission; and juri.diction of such controversies is hereby vested in said eOIDJnission . . (ol Proceedings mill"r this "e(:tion relating to the jurisdie­

tio. of said commission may be instit.uted, maintained, and de· termined ill the mode prc;<.,cribed in Dh .. i>;ion 1, Part 1, Chapter

. S (BeetjS1l8 laB! 12139, 11e2) of the Public Utilities Oodc of t:he State. ~f Ouli:FOllIilC.

ALL

STRIKEOUT

CClIIIIIIent. Section 30 is supers·eded by the more general provisions of

the binent Dcmain Law. See Code Civ. Proc. § 12140.310 et seq.

8.26--8

Page 31: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Santa Barbara County Water Agency Act, § 4.9 (Stats. 1945, Ch. 1501)

Santa Barbara County Water Agency Act, § 4.9 (Stats. 1945, Ch. 1501)(repea1ed)

Sec. 'Z7. Section 4.9 of' the Santa Barbara County Water

Agency Act (Chapter 1501 of' the statutes of 1945) is repealed.

S1ii.-' •. 9. If by 4llJ jtf~gtrJ:{lti itt" EitJ8aenHIB:ti",1B 8~· 53: -tiMPiI& .

ment the ag.mey shall be reqllir"d to relflcate any slre.,t, ruad,: highway or railroad, ... bjcet or devoted to public use, the board shall have power to acquire in the name of the agency by a~r.e­ment or condemnatiou, all rights of way and other property'

_----..... ---, . necessa'"y or proper for the compliance with said agreement or judgment and thereafter, and without further Buth',rizati"n, to

. make such conveyance of SHieh relocated .treet, rond, highway or railroad, as may be proper t(, ("om ply with ~id 3gr~~ement or-

ALL DI STRlKEOOT

.;.~_~Mi'.

'Comment. Section 4.9 is superseded by the more reneral

provisions of the Eminent Domain Law. See Code Civ. Proc. !J

1240.:no et seq.

45.15--3

Page 32: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Santa Clara County Flood Control and Water District Act, § 29 (stats. 1951, Ch. J.405)

Santa Clara countt Flood Control and Water District Act, § 29 {Stats. 1951, Ch. 1405)(repea ed}

Sec. 28. Section 29 of the Santa Clara County Flood

Control and Water District Act (Chapter 1405 of the Statutes

of 1951) 1s repealed •

.. SiC' 29' (it) 1£ "Gy il<lY jllIJpelit ill -QQaQOQPati9a __ agr..,ment the district shall be required to reloeate any street, road, highway, railroad, canal Or other property subject or devoted to public use, tbe board shall have power to acquire in the name of the distriet, by agreement or condemnation, aU rillhts of way and oL'Ier property necessary or proper for com·· pliauce with sRid agreement or said judgment of condemnation and thereafter to make such conveyance of sueh relocated street, roau, highway, railroad, canal, or other property as may be. proper to comply with said agreement or judgment. It shall he·. provided in all agreements for exchange of property and judg·. ments '<'quinng relocation of other public uses as specified in this .e"tion and in Section 6 of tbi. act, that in makiug such exchanges it shall be specifically provided that such property so condemned and exchanged be limi ted to I'll bUe use by the party with whom su{-h ex('Jlange is made.

(b) In the event the district and any common carrier rail· road or other pnlllic utility fail to agree as to the character or I<,eation of new imp,'ovements or works sought to be performed bv..the district, the character and location of such new improve. ,,;ents or works and any other e<lnIToversy relating thereto sball he submitted to "nd determined by the PubEe 1:tilitje. Commis. slon; and jurisdict ion or such eontroversies is hereby vested in said commission.

(0) ProceediD~" Hnder this section relatiug to the jurisdie· tion of said commission may be instituted, maintained and determined in the mode prescribed in para!!,r"phs 1, 2, 3, 4, 5, fi, aati 7 sf BIiI~HIP.etht8 (e) sf Seet:iefl: ~ sf the P1tb1ie ytiHtics . :irr.t- as; 4iiICi,ukd h.~ Olutl'tn 85G of the Statates sf 19(18.

ALL

IN

STRIKEOUT

Comment. Section 29 1s superseded by the more general prOVisions of

the Eminent Dana1n Law. See Code Cl v. Pree •. § 1240.310 et seq.

8.27--9

,

Page 33: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Shasta County Water Agency Act, § 58 (Stats. 1957, Ch. 1512)

Shasta County Water Agency Act, § 58 (Stats. 1957, Ch. 1512)(~pealed)

Sec. 29. Section 58 of the Shasta County Water Agency

Act (Chapter 1512 of the Statutes of 1957) is repealed.

Sa'S"; is If B1 .'SY "adg.:eIM ill 19R1IeMPRuaa N' ~ &pllil n:ellt the agener shall be r!"luired to relocate any street, road, h,ghway or railroad, subJect or. devoted to public use, the' board shall have power to acquire in the name of the agenq by agreement or coRdeinnatiou, all righta of way and other.

. property neooasaryor proper for the compliance with the' agreement or judgm~.nt and thereafter and without further authorization,. to make such conveyanee of such relocated' stNli, P8ati; ai{lkt'8¥ 8. »aiM"."" II aIrY la, plPQp. W .....,,, .. with t:bc.%lUmcnt ox jttagWCIJ:.t.. 4

ALL IN STRIDOU'l'

Coament. Section 58 is superseded by the more general provisions of

the Eminent Damatn Law. See Code Civ. Proc. S 1240.310 et seq.

I

Page 34: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

g,?;1 Solano County Flood Control and Water Conservation District Act, § 4.8 (Stats. 1951, Ch. 1656)

Conservation District Act § 4.8

Sec. 30. Section 4.8 of the Solano County Flood Control

and Water Conservation District Act (Chapter 1656 of the

Statutes of 1951) iBre~ea1ed.

. &119 4: i If il¥ 8&y· jaElg.ueAt iR eSH:B:etBIlBf.ieR ~l' hy agreement the distric1 shall b. required to relocate any street, rood, bighway or railroad, subject Or devoted to public use, the board shall bave power to acquire in the name of the district by agrooment or condempation, IlU rights of way and other property necessary or proper for the compliance with said agreement or judgment and thereafter, and without further authorization, to ~a~e sueh p-onveyance of sucb relocated ~treet, road, bighway

ALL IN STRIKEOUT

CCIIIl1Ient. Section 4.8 is superseded by the more general "proviSions of

the Eminent Donatn Law. See Code ctv. Proc. § 1240.310 et seq.

8.31--2

• •

Page 35: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Sutter County W,,.ter Agency Act, § 4.9(Stats. 1959, Ch. 2088)

• Sutter County Water Agency Act, § 4.9 (State. 1959, Ch. 2088)(reoealed)

Sec. 31. Section 4.9 of tile Sutter COWity Water

Agency Act (Chapter 2088 of the statutes of 1959) is

repealed.

AM. tB. (4) If h" 8fiJ j'SSg-Mellfi ig O"iI~9Jalu.t;iQn-g.r. agreement the ageney is required to relocate any .treet, road, highway, railroad, canal or'other property subject or devoted to public use, the board may acquire in the name of the agency, by agreement or condemnation. aU rightiWlf-way and other property necessary or proper for compliance with such agreement or judgment of condemnation and thereafter to make aueh couveyan<:e of the relocated street, road, highway, .railroad, canal, or otber property as lIIay he proper to comply with the agreement or judgment. All agreements for tbe exchange of property and all judgment' ~.qlliring relocation of other public uscs, as spteined in thi, ",cti,,,, and in Section 3.4 of this set, .<;hall provide that in making the exchange the property condemned and c,xchanged shall be limited to publie

. Me by tbe party with whom sucb exchange is made. (b) In the .,-ent. the agency and any common carrier rail­

road or otber public utility fail to agree 8. to the character or location of new improvements or works sou~ht to be per-10l'Dled by the ageney, the character and loeation of frneh new improvements or works and any other eontra"e"y relating thereto shal1 be s!1hmitted to and determined by the Public Utilitie.; CommiS!!ion .

. (e) Prooeedinl!" under this sectiou relatin,,{ to the jurisdic­tion of said commission may be in"t.itnte~, maintained and determined L'l the manner prescribed in OhaptH 6 (commenc-4,. at ~ee*ie:a lWl) Qf PQ,r, ] af Uhrqqica 1 9f tbi e'IHIlili Utilities C:Jo.rl.,.

ALL

IN

STRIKEOUT

CcaJent. Section 4.9 is superseded by the :sore general prOVisions of

the BaliDent DclDaiD Law. See Code C1v. Proc.§ 1240.310 et seq.

Page 36: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

,"""'/ ""~) ,-r

oS ! ::.; \0

'l:ua:e C(.1lU1ty Flood Con'trol Di~trict Act, § 32 (Stats. 1969, Cll. ,1.149)

Tulare count! FloOO. ContI'ol Dilr~:"ict Act, § ~2 (Stftts. 1969, Ch. 1149) (repealed_

Sec. 3/i!. Section 32 of the Tulare County Flood Control

District Act (Chapter 1149 of the Statutes or·1969) is repealed.

\lB'" 'JJ (a) I~ "'7 j"~gfl>e .. t OR ~~ agr€<'ml'nt the district .hall be required to relocate any street, road. highway, railroad, eanal or other property subjoot or dewkd to puhJie use, th., board ahall have power to acquire in the name of the distriet1 by ag!"eement or C'ondcmnationJ aU riglIta·of.way and other property n~ceasary or proper for e<>nl­pliance with said agre·emeIOt ur said jud{.,l'I!lent of'condemnation lUll! topreafter to make ""eh conveyanoe of such relooated fl'treet, rm.ld, highway'. rhih:oaa, e.nnal1 or other prop€rty as may be prop(~r U) l'omply with said l1greement ur judgment.

{h) In the ~\ .. mt the district and any common carrier rail~ . road or other publi" ut£lity fail to agree us to the character or location of nnN imprOVCIUruts ur worl~:) oought to be pedormeu by ihe d tSirict.. the (~hartt·:'.ter nnd locadon of sueh new improve· In-t'ftls or works and any otjlfn controversy relatjng thereto sbaH he submitted \0 "',,] d"t<>rmined by t.he Public Utilities CBlRHliR6lis& f &:Hi jQr4&gi8Fiell Bf ~9}, Ei9Ht;,,.._,,.; is 118r&b;y ) '. t'Sh'.ei itt Buitt t':'i3l!tl:fi:iBs~.aft.

'.

ALL

IN

STRIKEOUT

CQIIIIIt!nt. Section 32 is superseded by t.he more general provisions of

the Eminent lKDain Law. See Code Civ. P!'·x. § 12~.310 at seq.

8 / ' .30--0

Page 37: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Tuolumne County Water Agency Act, § 20 (Stats. 1969, Cll. 12]6)

Tuolumne County Water Agency Act, § 20 (Stats. 1969. Cll. 1236){repealed)

Sec. 33. Section 20 of the Tuolumne County Water Agency

Act (Chapter 1236 of the statutes of 1969) i8 repealed.

g:f!l('. go. (II) If 13y HB3 . 'j1itl«lIlf.B'6 is eSR88HItMMSU (j'

agrej'ml'nt Hit' agency is rl~nired to rcloeate any st.reet. roau, high ";J1Y, railro"'l, canal or other property subject or devolA'<l to pUblic U'"'. the board may acquire in the n8.ll1e of the agency. by "h'l'e,>ment Or condemnation, all rights-of-wa~- and oll",r property neeesOIIIry 0'- proJl('r for compliance with such agrcrlnent or judgment of condemnation and therenrter to make such conveyance of the reloeated Btreet, road, highway. railroad. canal. or other property as may be propt>r to comply with th~ agreement or ju.lgment. All agreements for the ."change of "roperty and all judgmenlB requiring relucation of other public uses, as specified in this section and in Sec­tion 8 of this Hct, shall provide that in making the el'change the property condemned and enhanged shall be limited to public u.e b.Y the party with whom such exchange is made.

(b) In the evrnt the agency Rnd any common earrier rail­road 01' other public utility fail to agree as to the character or

. location of new improvements or works sought to be performed by tbe agency, the character and location of such new !m­provcments Qr works and any other controversy relahng thereto shall be submitwd to and ·determined by the Public Utilitic~ (;ornmission.

(c) Proceedings under this section relating to the jurisdic­tion of 'Hid "ommiss;'m may be instituted, maintained. and detnmin,"1 in tile manner I'rcseribed in Chapter 6 (commene­lag .. its Reet18fl IQQl) ef PaM 1 at iQl,uiBi8R 1 Ell ilia I"uli. Ut:ilities Qeas;

ALL

STRID~

CClDent. Section 20 is supereeded by the lII(lre general proviaiona of

the EIIinent nc.ain Law. See Code Civ. !'roc. 5 1240.310 et 8eq.

Page 38: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Ventura County Flood Control District Act, § 29 (Stats. 1944, 4"&h Ex. Sess., Ch. 44)

Ventura Control District Act § Stats. 1944 4th Ex. Sess. Ch.

Sec. 34. Section 29 of the Ventura County Flood Control

District Act (Chapter '+4 of the Statutes of" 1944, Fourth Extra­

ordinary Se~sion) is repealed.

"8ft QQ. liB eMil aRY ItPB.8t, f(tad, ~j paia&aQ, urne', or other property oubjeet or devoted to public UIro shall become subject to flooding or other interference by reason of the con­struction or proposed construction of any worka of the distriet or project, the board of supervisors of the dim-iet may acquire by agreement or condemnation the r.ght so to flood or otherwise' interfere with sneh property, within or without the district· ",hether it be publicly or privately owned, and if suehrigltt be acqnired by cc>ndemnation, the judgment may, if the court s'hall ilnd that public necessity or convenience so requires, diroot the district to relocate 8Ueh gtr~t, road, highway, railroad, eanal or other property in accordance with piana preseribed by the eourt . lIIld if by sIt.eh judgment or by agreement the district 1Ihall be' required to relO<'..ate any ",,,·h street, road, highway, railrcad,' unal or other property subject or devoted to pnblieuse, the board shall ha vo power ro acquire in the name· of the diAtl'lot, by agreement or condemnation, all rights of way and other prop­erty necessary or proper for complianee with ... id agreement or IJIIid judgtnP.llt of condemnation and thereafter to make such oonveyanee of such relocated stroot, road, highway, railroIId,

,.eelhai, 8. rii!1' ,relJet-t,z itS lflftY he prSflIW M eB~ wiilt -eMa ·.,recmeftt 6r jltftg!IletttJ. .

ALL

IN

STRIKEOUT

Caument, Section 29 is superseded by the more general provisions of

the EIIIinent DCIlI8.in Law. See Code Civ. Proc. § 1240.310 et seq.

8.34-..6

Page 39: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

Yuba-Bear River Basin Authority Act, § 19 (Stats. 1959, Ch. 2131)

Yuba-Bear River Basin Authority Act, § 19 (Stats. 1959, Ch. 2131)tepealed)

Sec. 35. Section 19 of the Yuba-Bear River Basin Authority

Act (Chapter 2131 of the statutes of 1959) is repealed.

Sag -19 (_) If Il¥ ~ jliti8'MBBi ia !B!uieaH:aaeft ~ &.gl'eement the authority is required to reloeate ·any street, road,highway, railroad, .,anal or other property subject or devoted to puhlie use, the board may acquire in the llAme of the authority, by agreement or condemnation, all rights-of­way aod otber property necessary or proper for compliance with sucb agreement or judgmeut of condemnation and tbere­after to make such Mm'.yanee oJ the relocated street, road,

o highway, railroad~ eanal, or other property as may be proper t.o comply with the agreement or juilgment. All agreements for the .~ehange of property and all judgments' requirin{!" relo,,»tion of other public use" as speeifi,ed in thi" sedion and in Section 17 of this act, r.ball provide that in making tile exc·hange the l""perty condemned and exchanged shall be limited to puhlic use by tbe party with whom such exchange ls made.

(b) In tbe event the allthorify and any comm011 ~.atrier raiiroad or othe- public utHity tail to agree a" to the character or lO('.at1on of new improvements or work" :sought to be per~ formed by the authority, the '.,bal'aeter and locatiQIl of such new improvements [)r works and any other controversy relating thereto shall be submitted to and determined by the Public. Utilities Comm issioll.

(e) Proceedin~. unde" tlds "",,!ion relating to the jnrisdic· don of sait! cOlUI:lh,sion mRy be instituted, maintained and determined in the manner proscribed in Chapter 6 (commenc· in~ at: 8eetitm IB91) f 1?at't 1 ttl J)l,ieia8 lo! the Pttlmc Util itieti 86th..

ALL

IN

STRIKEOUT

~ent. Section 19 is superseded by the more general provisions of

the Eminent DaDain Law. See Code Civ. Proc. § 1240.310 et seq.

Page 40: 36 C~ehen- · 4.9 of the Placer County water Agency Act (Chapter 1234 of the Statutes of 1957) ,.to repeal Section 35 of the Riverside County Flood Control and Water Conservation

• -

. ,

Yuba County Water Agency Act, § 4.9 (State. 1959, Ch. 788)

Yuba County Water Agency Act, § 4.9 (Stats. 1959, Ch. 788)(repealed)

. Sec. Section 4.9 of the Yuba County Water Agency •

4ct (Chapter 788 of the Statutes of 1959) is repealed.

8"8. "4:9.' . (8) 11 1,), A1't1 jtUit!;mcBli ift eMMlcmlul:';en 8f agreement t.he a,geney is required to relocate any street, filM, highway, railroad, canal or other property subjeet or devoted

. to public use, the board may acquire in the name of the agency, by agreement or condemnation, all rights of way and other property necessary Qr proper for compliance with such agree· ment or judgment of condemnation and thereafter to make ouch conveyance of th" relocated .treet, road, highway, rail· road, canal, or other property as may be proper to comply with the agreement or judgment. AI! agreementa for the exchange of property and all judgmenta requiring relocation of other public uses, as specified in this section and in Seetion 3.4 of this act, shall pro,·id. that in making the exchange the prop·

. erty coudemned and exchanged shall be limited to public us. by the party with whom .uch exchange is made.

(b) In the event. the agency !Uld any common earrier rail· road or other public utility fail to agree aa to the character or Iooation of new improvements or works sought to be performed by the agency, the character and location of such new improve· ments or works Hlld any other controversy relating thereto shall be submitted to and determined by the Public Utilities Commission.

-('i,) Proceedings under tbis section relating to the jurisdic· , tion of said commission lllay be instituted, maintained and determined in the IUanner prescribed in Chapter 6 (commene .

• irtg at Seetieft 12G1) 61 PM t 1 61 Bi, ision: 1 of the Pablie Ut:ilit~ Qode:

ALL

IN

STRIKEOUT

CQllllent. Section 4.9 is superseded by the 1IOI'e general provisions of

the Eminent Domain Law. See Code Ch. Proc. § 1240.310 et seq •

45.18--3

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