The board may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property necessary to the full or convenient exercise of its powers.
Powers and FunctionsProperty
Section § 120240
This law section allows the board to obtain and use any kind of property, whether real estate or personal belongings, in several ways such as buying, renting, or using eminent domain, which is the power to take private property for public use. The board can also sell, lease, or mortgage these properties if it helps them carry out their duties.
property acquisition eminent domain real estate management
Section § 120241
If part of someone's property is being taken for board projects and what's left over isn't worth much or might cause legal issues, the board can take over the entire property. They can then sell or trade any extra land that isn't needed.
Whenever a portion of a parcel of real property is to be taken for board purposes and the remainder is to be left in such state or condition as to be of little value to its owner, or to give rise to claims or litigation concerning severance or other damage, the board may acquire the whole parcel and may sell the excess portion or exchange it for other property suitable for board purposes.
property acquisition severance damage excess property
Section § 120242
This law gives the board the power to acquire private property for public use, a process known as eminent domain. The board can take any property it needs, even if it’s being used for the same purpose, acting as if it were a city. When property is taken, the board must cover not only damages but also costs for relocating any public agency or utility structures that must be moved, minus salvage value. Once property is condemned, the board can use it under specific legal guidelines.
The board shall have or exercise the right of eminent domain in the manner provided by law for the condemnation of private property for public use. The board may take any property necessary or convenient to the exercise of the powers granted in this division, whether the property is already devoted to the same use or otherwise. In the proceedings, venue, and trial relative to the exercise of the right, the board has all the rights, powers, and privileges of an incorporated city and all rights, powers, and privileges conferred in this division. The board shall proceed in the name of the board in condemnation proceedings. The board, in exercising such power, shall, in addition to the damages for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public agency or utility which is required to be moved to a new location. If property is condemned by the board, the board may take possession and use the property in accordance with the provisions of Section 1243.5 of the Code of Civil Procedure.
eminent domain private property public use
Section § 120243
This section gives the California Public Utilities Commission the authority to determine the fair compensation for any property taken from a public utility through eminent domain by the board. Eminent domain allows the government to take private property for public use, but in the case of a railroad company's property, there are extra steps. Before such property can be taken, abandoned, moved, or used, a hearing must be held to ensure it is necessary for public interest and won't negatively affect the railroad's ability to provide good service. The board can choose to handle these proceedings in either the Public Utilities Commission or the superior court.
The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the board. No taking or acquisition by the board which would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as defined in Section 230, shall be permitted, unless the Public Utilities Commission, after a hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of such property and that such taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. The board may commence and maintain such eminent domain proceedings in the Public Utilities Commission or the superior court at its option.
eminent domain public utility property just compensation
Section § 120244
This law allows the board to use any reserved or granted rights that a public agency has for building or maintaining roads, highways, or crossings over both public and private land.
The board is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands.
board rights public agency construct roads
