Public Utilities ActRailroad Crossings
Section § 1201
If you want to build a public road or street that crosses a railroad track at the same level (called 'at grade'), or if you want to build a railroad track that crosses another railroad track or a street railroad track at grade, you must first get permission from the commission. This rule does not apply if you are replacing tracks that were already legally there. The commission can either deny permission or allow it with specific conditions.
Section § 1201.1
This section requires the commission, along with the Department of Transportation, to create uniform rules for when traffic enforcement should start at railroad crossings after the warning signal starts. These standards are developed after public hearings and consulting with relevant transit districts and rail transit entities.
Section § 1202
This section gives the commission the authority to manage how railroads and streets cross one another, including deciding where and how these crossings should be installed, maintained, and protected. They can also change or close these crossings if needed. The commission can require that different levels be used at crossings (instead of the same level) when possible and decide how costs for these changes are shared among the railroads and local governments.
Additionally, the commission can approve and oversee test projects to try new safety technologies or warning devices at these crossings, but only with the agreement of local authorities, the railroads involved, and other interested parties like railroad workers.
Section § 1202.1
This section addresses disputes over who pays for a project when parties disagree. If the applicant offers to front the money so the respondent can start their part of the work, the commission swiftly schedules a hearing. The hearing focuses on the project's need, location approval, and engineering plans, while leaving cost-sharing discussions for later. An interim decision is made quickly, ensuring one party can start work if funding is provided, without being blocked by the other party.
If the respondent refuses to allow the applicant access to start their work, the applicant can seek an immediate court order to gain entry. Finally, when costs are assigned, the applicant's advanced funds are credited against their share of the costs, including any extra costs due to the respondent dragging their feet.
Section § 1202.2
This law explains how the costs for maintaining automatic grade-crossing protections (like gates and signals at railway crossings) are divided between railroads/street railroads and public agencies after October 1, 1965. It says the maintenance costs should be split the same way as the original construction costs were divided. Cities and counties only have to pay their share if they have funds available for this purpose. However, they can agree to pay a larger portion of the maintenance costs from other local funds, not from state funds.
Section § 1202.3
This law addresses how expenses for improving road crossings involving railways and publicly used roads not on publicly maintained systems can be split. For counties, cities, or political subdivisions to cover costs, the property owner must agree to dedicate and improve part of their land for public right-of-way, or there must be an implied dedication determined by a court. If neither applies, the crossing will be closed. Railroads aren't required to pay more than their share if the crossing were a public street or highway.
Section § 1202.4
If a city or county in California wants to improve transportation options, including adding new or changing existing railroad crossings, they can create a plan and have it approved by the majority of the city council or board of supervisors. Once that's done, they can get help from a state engineer to ensure the railroad crossings are safe before they apply for approval to make the changes.
Section § 1202.05
The California commission is tasked with developing a pilot project involving the use of colored pavement markings at highway-railroad crossings. This project aims to reduce accidents and must be completed by January 1, 2026. The commission will evaluate the project's success and report the results to the Legislature within a year of its completion. This statute will expire on January 1, 2030.
Section § 1202.5
This law explains who pays what when constructing or changing railway and road crossings, focusing on cost sharing between public agencies and railroads. If a project doesn't remove existing crossings, the applicant—a public agency or railroad—pays all costs. If a public agency project removes crossings, the railroad pays 10% and the agency covers the rest. If a railroad project removes crossings, the public agency pays 10% and the railroad pays the remainder.
When projects upgrade existing crossings for road use, railroads pay 10% unless they didn't pay for the original project. In such cases, the agency covers all costs. For railway upgrades, public agencies pay 10% unless they didn’t contribute initially; then the railroad pays everything. If a project doesn't fit these categories, costs are assessed based on specific findings, with railroads paying up to 10% and the remainder falling to public agencies. Cost sharing adjusts if more than one railroad or agency is involved.
If federal funds are involved, federal rules apply and parties can make their own agreements regardless of these standards. 'Public agency' means any governmental entity, like cities or counties.
Section § 1202.6
This law allows cities or public transportation organizations to cover some or all costs of a project that separates rail crossings from regular roads (a grade separation project) if they have a contract with a railroad company. These public entities can negotiate and agree on the railroad's share of the costs. They can also be involved in discussions about how much each party should pay.
Section § 1202.7
This law says that if automatic safety signals at train crossings, installed in the last 10 years, are removed for upgrades or closures, they should be reused if they meet safety standards. The Commission can decide they're safe, and then they can be given to a state agency or other railroads for use at other crossings.
Specifically, with the railroad’s permission, the equipment can be stored for future railroad projects aimed at reducing hazards. Alternatively, other railroads can use the equipment at different crossings within the state.
Section § 1203
This law explains how expenses are split among corporations and political subdivisions based on the commission's order. Each entity must pay its share from its funds at the specified time to the specified parties. If an entity doesn't pay its share, the entity owed money can take legal action to recover it. If there aren't enough funds, those responsible for taxes or assessments must include the overdue amount in the next tax collection. The commission can also assign responsibilities and set deadlines for how payments or reimbursements should be made.
Section § 1204
This law allows a political subdivision (like a city or county) to decide that certain areas will benefit from separating road grades where roads and rail lines intersect. If that's the case, the costs of these projects, which aren't covered by rail companies, can be charged to those benefiting areas, or otherwise divided between the area and the local government. The law also lets the local government manage the project, including property acquisition and handling any damage claims. It gives the local officials the right to go on rail property if needed to complete the separation work.
Section § 1205
This law states that if the California Public Utilities Commission issues an order requiring a local government to pay for part of a grade separation project without allowing for the cost to be spread across a local area that benefits from the project, the local government can request a change. The local government can apply to the commission to modify this order based on its findings, and the commission can then issue a new or adjusted order just as if the request was part of the original process.
Section § 1206
This law allows the commission to determine and set the amount of compensation that must be paid when property is taken or damaged for certain construction projects. This includes changes to railroad or street railroad tracks that go over or under public roads, streets, highways, or private pathways, and also the elevation or depression of tracks. Once the determined payment is made, the commission can issue a final order to take the property.
Section § 1207
This law describes how proceedings to acquire or condemn property can be started by the commission or by a petition from various governmental or railroad entities affected by the property in question. These proceedings can be combined with other related ones. The petition must detail the purpose of the acquisition, describe the property involved, and list known property owners or state if they are unknown. It must also request the commission to determine fair compensation for the property and decide who pays and receives this compensation. When initiated by the commission, these details must be in the statement of purpose.
The petition must be verified, and the petitioner must provide extra copies of it for distribution.
Section § 1208
This law explains the process the commission follows when it wants to evaluate taking over a property and determining fair compensation. First, an order is filed either through a petition or by the commission itself. This order will outline what the proceeding is about, briefly describe the property in question, and list the individuals or entities that are involved, like property owners, claimants, or railroad companies.
These parties must then appear at a specified time and place to explain why the commission shouldn't proceed with setting compensation for the property. The commission will decide who pays and who gets paid in this legal matter and make the final condemnation decision. The commission's secretary must serve all involved parties with certified copies of the order and the related petition.
If the commission starts the proceeding on its own, the order to show cause can be included in this initial order. The main goal here is to ensure fair compensation is given for any required acquisition or damage to properties involved.
Section § 1209
This law outlines how personal service (officially delivering legal documents) should be conducted. Either follow the Code of Civil Procedure or send the documents through registered mail. The documents must include a certified copy of the order and any relevant petition, all sealed and prepaid with postage, to the address of the person being served.
Section § 1210
This section outlines how service can be done on someone involved in a legal case when they are not easily reachable within the state. If the person named in a legal petition lives out of state, has left the state, cannot be found despite reasonable efforts, hides to avoid being served, or if it's a corporation without someone to serve legally, the commission can order a notice to be published in a newspaper. This publication acts as a way to notify them about the legal proceedings and must happen at least once a week for no less than two months if they're out of state.
If the person's address is known and out of state, the commission must also send a certified copy of the legal notice by mail within 15 days. If someone personally serves them this notice outside the state, it counts the same as publishing the notice and mailing it.
Section § 1211
This section explains the procedure for notifying parties involved in a hearing about a petition or an order initiated by the commission. At least 10 days before the first hearing, which must be at least 30 days after the petition is filed, a notice specifying the hearing time and place must be served to the petitioner. This service must be carried out according to the rules in the Code of Civil Procedure.
Once notified, the commission can finalize decisions related to the acquisition or damage to property and determine compensation and who will pay it. If someone claims to have an interest in the property but isn't named in the petition or order and therefore isn't notified, the commission still maintains authority over those who were properly notified.
Section § 1212
This statute allows the commission overseeing a legal proceeding, either initiated by a petition or by their own decision, to make changes before deciding on fair compensation. These changes can include altering the property description, adding or removing properties or interests involved, or including new parties in the case. It can also involve updating any jurisdictional details.
Section § 1213
This law states that when the California Public Utilities Commission (PUC) needs to evaluate the use of a property, they will hold a hearing to determine if the intended use is legally authorized and necessary. The commission will also decide the appropriate compensation for acquiring the property. If there are additional damages because of the property separation, called severance damages, these will be calculated separately. This compensation is based on the value of the property on the date the matter was first filed or initiated by the commission.
Section § 1214
This law explains how compensation is decided and paid in a proceeding. It states that the commission will decide who has to pay the compensation, how much, when, and to whom the compensation should be paid. The commission may also decide that the money should be paid to them first, then distributed to the people entitled to it.
The law also says that those designated to pay can be taken to court if they don't pay up. If the commission gives permission for a job that is not mandatory, the party receiving the permission has to decide if they want to proceed and inform the commission. Only if they choose to go ahead will they be liable to pay compensation. Political subdivisions required to pay will handle payments as outlined in another section of the law.
Section § 1215
Once the required compensation is paid, the commission will issue a final condemnation order detailing the property being taken over and the reason for it. This certified order is then filed with the county recorder's office where the property is located, officially transferring ownership or interest to the specified parties for the reasons stated in the order.
Section § 1216
This law states that the decisions made by the commission about whether property is needed and how much should be paid for it are final and cannot be changed by any California court.
However, if someone wants the commission to reconsider its decision, they can request a rehearing within 20 days.
If a higher court, like the California Supreme Court or Court of Appeal, overturns the commission's decision, the case goes back to the commission for further review, and they can look at all previous and new evidence.
Section § 1217
This law section states that the process described in this chapter is an additional option and can be used together with, or instead of, other legal methods available to obtain property through eminent domain. It does not replace or prevent the use of other procedures for acquiring property rights.
Section § 1218
This section clarifies that the chapter does not create any new rights to claim damages for property owners if such rights do not already exist under other state laws. Essentially, you can't claim damages just because of this chapter if other laws wouldn't entitle you to do so.
Section § 1219
This law explains that sections 1201 to 1205 are important tools for the state commission's role in overseeing railroads and street railroads in California. It emphasizes that these sections address issues that affect the entire state and help protect the health, safety, and welfare of its residents.
Section § 1220
This law clarifies that Sections 1206 to 1218 are important parts that help the commission oversee and regulate railroad and street railroad companies. These sections are intended to support the commission's authority over these types of transportation businesses.