The department may apply for and accept federal grants and receive gifts, donations, subventions, rents, royalties, and other financial support from public and private sources for purposes of this division.
Chapter 2Duties and Functions
Section § 161020
This law allows the department to seek and take federal grants and financial support, like gifts, donations, or rent, from both public and private entities to help fund its activities under this division.
federal grants financial support gifts donations rent royalties public sources private sources department funding financial aid subventions department resources funding purpose
Section § 161021
This law allows the department to hold and manage land within transportation corridors. This management is necessary when these lands need to be preserved to support transportation goals and policies. The department can receive ownership, easement rights, development rights, or other interests in these lands for their preservation and management.
The department may serve as a repository for lands located within a transportation corridor where the preservation of those lands is required by the department or an agency of local government to meet its transportation policies and objectives, and may accept a dedication of fee title, easements, development rights, or other interest in lands for this purpose.
transportation corridor preservation land repository easement rights development rights fee title local government agency transportation policies land dedication property management transportation objectives land interest corridor land management preservation of lands department land management repository for lands
Section § 161022
Every year, or as needed, the department must inform the secretary about privately owned lands that are important for keeping a transportation corridor. These lands might be exchanged for state lands, but they can only be included in the report if the landowner agrees.
On an annual basis, or as may be otherwise required by the secretary, the department shall report to the secretary regarding privately owned lands determined to have special significance for purposes of preserving a transportation corridor and which might be the subject of an exchange for other state lands. Specific privately owned land shall be included in the report only with the consent of the owner.
transportation corridor preservation privately owned lands land exchange landowner consent state lands annual report requirement secretary report submission land significance transportation infrastructure land preservation agreement
Section § 161023
This law states that the department can obtain land needed for highway routes or guideway alignments using normal purchasing methods. If those options don't work, the department is allowed to use eminent domain, which means they can legally force the sale of the land. However, this power is limited to acquiring land specifically necessary for building the highway or guideway, not for extra features like rest stops.
The department may acquire land or any interest therein for purposes of this division pursuant to procedures applicable to the acquisition of land by the department or the commission. If other means of acquisition have not been successful, the department may exercise the power of eminent domain for these purposes. The power of eminent domain may only be exercised to acquire land which is necessary for construction of the relevant highway route or guideway alignment, and shall not include land for rest stops or other ancillary uses.
land acquisition eminent domain highway construction guideway alignment rest stop exclusion department land procedures land interest land acquisition methods property acquisition construction necessity ancillary uses limitation transportation infrastructure route alignment
Section § 161024
The department can sell, rent, lease, exchange, or transfer land or interest in land, as long as they follow a plan they've set up. When they lease land, it can't be for more than 20 years.
Money made from these transactions, like sales or leases, usually goes into the State Highway Account within the State Transportation Fund unless otherwise specified by law or agreement.
(a)CA Public Utilities Code § 161024(a) The department may sell, rent, lease, exchange, or otherwise transfer any land or interest therein acquired under this division pursuant to an implementation plan adopted by the department. Any lease entered into under this division shall be for not more than 20 years.
(b)CA Public Utilities Code § 161024(b) Except as otherwise provided by law or by agreement, the proceeds of the sale, rental, lease, exchange, or transfer of land or interest therein, including any rent or other income from land held by the department, shall be deposited in the State Highway Account in the State Transportation Fund.
land transfer lease agreements land sale 20-year lease limit land exchange State Highway Account State Transportation Fund rental income land interest implementation plan Department of Transportation real estate transactions proceeds allocation public land management lease proceeds
Section § 161025
This section requires the department to create and use procedures that guarantee land transactions, like buying, leasing, or selling, are done fairly, efficiently, and with public notification.
The department shall develop and implement procedures to ensure that land acquisition, leasing, options to purchase, disposal, and other transactions in land under this division are carried out efficiently and equitably and with proper notice to the public.
land acquisition leasing procedures options to purchase land disposal efficient transactions equitable processes public notice land transactions department procedures real estate management transaction transparency public engagement government land deals public sector real estate fair land practices
Section § 161027
This section explains that the department will work with various public agencies to reserve land for transportation projects. If a public agency can't purchase land for transportation because of money issues or temporary problems, the department can step in and buy the land. Later, the department can transfer the land to the agency in need. Additionally, the department can help these agencies with technical support to complete land purchases and related tasks.
(a)CA Public Utilities Code § 161027(a) The department shall cooperate with federal, state, and local public agencies in ensuring the reservation of lands for transportation purposes.
(b)CA Public Utilities Code § 161027(b) If any state or local public agency is unable, due to limited financial resources or other circumstances of a temporary nature, to acquire land for transportation purposes, the department may acquire and hold that land for subsequent conveyance to the public agency. The department may provide technical assistance to aid public agencies in completing those acquisitions and related functions.
land reservation transportation projects public agencies cooperation acquisition assistance temporary financial issues land conveyance technical support state support local agency aid transportation land acquisition financial resource limitations subsequent land conveyance federal cooperation public agencies collaboration state department assistance
Section § 161028
The department can hold land acquired under this rule for up to 20 years. During this time, state or local agencies can buy the land for transportation projects. They must pay what it cost the department to acquire it, plus any costs for managing the land. Payment can be in cash, land, or a mix of both. This land can't be sold according to another specific law.
If no public agency buys the land within 20 years, the department will sell it at its current market value without any restrictions on how it can be used. Proceeds from these sales go into a specific state transportation fund.
(a)CA Public Utilities Code § 161028(a) The department shall not hold any land acquired under this division for more than 20 years from the time of acquisition. A state or local public agency may acquire the land at any time during this period for transportation purposes. The acquisition price to a state or local public agency shall be based upon the cost of acquisition under this division plus administrative and management costs in preserving the land. The payment of this acquisition price shall be either monetary or in department-approved land of an equivalent value, or a combination thereof. No land acquired under this section shall be disposed of under Section 11011.1 of the Government Code.
(b)CA Public Utilities Code § 161028(b) If, at the expiration of a 20-year period, no public agency is willing or able to acquire the land, the department shall dispose of the land at fair market value without restriction on its subsequent use under this division. All proceeds of a disposition under this subdivision shall be deposited in the State Highway Account in the State Transportation Fund.
land acquisition transportation purposes public agency purchase 20-year holding limit sale at fair market value state highway account land management costs State Transportation Fund disposal restrictions legal acquisition price equivalent value exchange Department-approved land selling procedure land use restrictions
Section § 161029
If the department buys land before the official route is chosen by the commission, the commission should not consider that land when deciding on the route.
If the department acquires any land prior to the adoption of a specific route or alignment by the commission, the commission shall disregard that land in the study and adoption of routes and alignments.
land acquisition route planning commission decision route alignment prior acquisition land disregard department purchase transportation route commission study alignment adoption pre-route acquisition route consideration exclusion land planning process
Section § 161030
This law reserves funds from the State Highway Account, starting from January 1, 1991. It allocates up to $25 million from the sales, leases, and rentals of land acquired for transportation purposes. This money will be used by the department for related projects, excluding certain sales addressed by another section.
There is hereby appropriated from the State Highway Account in the State Transportation Fund to the department the amount of the proceeds of all sales, except the proceeds of sales pursuant to Section 14528.8 of the Government Code, leases, and rentals, on and after January 1, 1991, of land acquired by the department for transportation purposes, until a total of twenty-five million dollars ($25,000,000) has been so appropriated, to be expended by the department for the purposes of this division.
State Highway Account State Transportation Fund land sales proceeds leases and rentals transportation purposes fund allocation $25 million appropriation land acquired for transportation department expenditure sales exclusion public transportation funding land financial proceeds Government Code Section 14528.8 transportation project funding land asset management
Section § 161031
This law requires that the department must follow all relevant environmental protection laws and rules whenever it takes actions that are allowed under this division.
The department shall comply with applicable environmental protection laws and regulations when taking any action authorized by this division.
environmental protection regulations compliance department obligations authorized actions environmental laws division compliance state department actions legal compliance environmental regulations departmental responsibility applicable laws action compliance environmental adherence regulatory standards
