For the purposes of this chapter, “private byroads” are roads opened, laid out, or altered for the purpose of providing access to parcels of contiguous private land of more than 100 acres which have been cut off by a change in the course of a navigable stream. Except as provided in this chapter, private byroads may be opened, laid out, or altered for the necessity of one or more residents or landowners of any road district in the same manner, and using the same procedure, as specified for the opening, laying out, or altering of public roads as provided in Article 3 (commencing with Section 1160) of Chapter 4; provided, however, that only one petitioner is necessary.
Chapter 3.5Private Byroads
Section § 1050
This law defines "private byroads" as roads created or changed to give access to private lands larger than 100 acres that have been isolated by shifts in a navigable stream. These roads can be opened or changed similarly to public roads, but require only one petitioner. This applies unless specified otherwise by this chapter.
private byroads contiguous private land navigable stream course change road district access to private land opening private roads alteration of roads road petition land access necessity single petitioner requirement
Section § 1051
This law states that to petition for something within a road district, you must own land in that district.
The petitioner shall be a landowner in the road district.
petitioner landowner requirement road district land ownership petition eligibility property owner qualifications district petition landholder local petitioning road governance landowner rights eligibility criteria infrastructure district property qualification
Section § 1052
If you're petitioning to open or change a private road, you need to provide a bond. This bond is twice the estimated cost of the process and it must be approved by the local board. It guarantees that you'll cover all process costs, including compensation to landowners if applicable. Additionally, if the road isn't approved or changed, the bond ensures you'll pay any necessary contesting costs for the landowner affected by your proposal.
The petitioner shall accompany the petition with a bond, approved by the board of supervisors, in double the amount of the probable cost of the proceedings, including the market value for land taken and any severance damage resulting from the taking, and shall be conditioned that the petitioner will pay all costs of the proceedings, including any compensation which may be awarded to any landowner. The bond shall be further conditioned that the petitioner will pay to the person over whose land the private byroad is sought to be opened or altered, the necessary costs and disbursements in contesting the opening or alteration of the private byroad, in case the petition is not granted or the private byroad is finally not opened or altered.
petition bond requirement board of supervisors approval cost of proceedings land value severance damage compensation to landowners private byroad road alteration costs contesting costs road opening road alteration landowner compensation petition not granted local board approval
Section § 1053
This law allows the local governing body, known as the board of supervisors, to officially decide through a resolution if a private byroad needs to be opened, laid out, or changed. Once this decision is made, it must be documented with the county recorder within five days. The owner of the property using the road is called the 'grantee,' and the owner of the property through which the road passes is called the 'grantor.'
The board of supervisors may, by resolution, order the private byroad to be opened, laid out, or altered. The clerk shall cause such order to be recorded in the office of the county recorder within five days, naming the owner of the dominant tenement as “grantee” and the owner of the servient tenement as “grantor.”
private byroad board of supervisors resolution laying out roads altering roads order recording county recorder dominant tenement servient tenement grantee grantor property owner road opening local government decision documenting orders
Section § 1054
If you need a private road through someone else's land, you must pay the landowner the market value for the land you use and cover any additional damage from taking the land. You're also responsible for building and maintaining this road.
The person for whose benefit the private byroad is required shall pay the landowner the market value for land taken and any severance damage resulting from such taking and shall build and maintain the private byroad.
private road market value compensation landowner payment severance damage road maintenance responsibility land acquisition private byroad landowner rights compensation for land land use agreement byroad construction easement obligations
