The Legislature hereby declares that it is the policy of the state to acquire abandoned railroad lines when the right-of-way for such lines has a potential public transportation use including, but not limited to, a use for highways, busways, bicycles, pedestrians, or guideways.
Chapter 13Abandoned Railroad Lines
Section § 2540
This law states that California aims to take over abandoned railroad lines if they can be used for public transportation, like roads, bike paths, or walkways.
abandoned railroad lines public transportation use right-of-way highways busways bicycles pedestrians guideways transportation policy state acquisition potential public use
Section § 2542
This law section establishes the Abandoned Railroad Account within the State Transportation Fund, and the money in this account is allocated to the department responsible for fulfilling the objectives of this chapter.
The Abandoned Railroad Account is hereby created in the State Transportation Fund. The money in the Abandoned Railroad Account is appropriated to the department for carrying out the purposes of this chapter.
Abandoned Railroad Account State Transportation Fund appropriated funds railroad projects transportation funding abandoned railroads state department allocation California transportation rail infrastructure funding purposes transportation department railroad preservation state funding account creation public transportation objectives
Section § 2544
This law requires the department to create and submit a list of abandoned railroad lines by July 1, 1976, prioritizing those that could be used for public transportation.
The department should consider the State Rail Plan and consult with local governments and agencies about these lines.
Local contributions toward purchasing these rail rights-of-way can influence their ranking on the priority list.
The department shall prepare and submit to the Legislature not later than July 1, 1976, a priority list of abandoned railroad lines having rights-of-way that may be developed for public transportation uses.
In preparing the list, the department shall consider the State Rail Plan prepared pursuant to Section 7701 of the Public Utilities Code and shall also consult with any city, county, transit district, or regional transportation planning entity within whose boundaries those abandoned railroad lines are located.
The department may consider contributions by local agencies toward the purchase of those rights-of-way as a factor in ranking the rights-of-way on the priority list.
abandoned railroad lines public transportation priority list rights-of-way State Rail Plan local contributions railroad line ranking department consultation transportation planning legislative submission city consultation county consultation transit district involvement regional transportation entities
Section § 2546
This law allows the department to buy land from a priority list and offer it to local governments for public transportation projects. If local governments show interest, the department will make a deal with them for the land. If no deal is made within three years, the land is sold to the highest bidder, and the money goes into a special account. The department must buy properties in order, unless issues like high prices, lack of interest from public entities, or insufficient funds arise.
With money made available for such purpose, the department may acquire any of the rights-of-way included in the priority list prepared pursuant to Section 2544 and shall offer such property to all cities, counties, and transit districts within whose jurisdiction such property is located for development for public transportation purposes. If such public entities indicate an intent to develop such property, the department shall enter into an agreement with them providing for the conveyance of the property for the development of the public transportation use and for such other matters as may be agreed to. If no agreement is reached within three years of the acquisition of the property by the department, such property shall be sold to the highest bidder and the money received shall be deposited in the Abandoned Railroad Account. The department shall acquire the properties in sequence as listed in the priority list unless, for a particular property, the department reasonably determines that (1) the railroad owner is seeking an unreasonably high price for the property; (2) there does not appear to be a public entity willing to enter into an agreement pursuant to this section to develop the property, or (3) the price of the property exceeds the amount of funds available in the Abandoned Railroad Account in the State Transportation Fund.
rights-of-way acquisition priority list public transportation development city and county jurisdiction transit districts property conveyance agreement highest bidder sale Abandoned Railroad Account State Transportation Fund unreasonably high price public entity interest property acquisition order land sale proceeds railroad owner negotiation available funds limitation
Section § 2548
This law allows the state of California, or local city or county governments, to use eminent domain to take over land that used to be railroad lines for public transportation purposes. It can do this when it finds that owning the land is necessary for public use.
The legislature states that acquiring such land serves the public's best interest while trying to minimize the impact on private property owners.
In the name of the people of the State of California or, upon authorization from a city, county, or transit district, in the name of such city, county, or transit district, the department may condemn for public transportation purposes, under the provisions of the Code of Civil Procedure relating to eminent domain, any right-of-way underlying an abandoned railroad line in fee or any lesser interest found by the department to be necessary.
The Legislature hereby finds and declares that the acquisition of such property is a public necessity and is compatible with the greatest public good and the least private injury.
eminent domain public transportation abandoned railroad right-of-way acquisition public necessity private injury civil procedure transit district property acquisition city authorization county authorization railroad line land condemnation public good land use
Section § 2549
This law allows cities, counties, transit operators, or the department to apply for funds to buy abandoned railroad rights-of-way. These applications are evaluated based on criteria set by the commission, which include the potential use of the land for transit, local financial involvement, and the risk of development taking over the area. Each year, a priority list for funding is created, and funds are given out based on this list. Any funds received must be paid back within three years, with interest tied to a specific investment fund.
(a)CA Streets and Highways Code § 2549(a) Any city, county, transit operator, or the department may submit an application to the department for an advance of funds for the purchase of abandoned railroad rights-of-way pursuant to Section 99317 of the Public Utilities Code. The department shall evaluate the applications in accordance with criteria and procedures adopted by the commission and shall submit the applications and its recommendations thereon to the commission not later than February 1 of each year.
(b)CA Streets and Highways Code § 2549(b) The commission shall adopt criteria and procedures for the evaluation of applications by the department. The criteria shall include, but not be limited to all of the following:
(1)CA Streets and Highways Code § 2549(b)(1) The viability of the right-of-way as a transit corridor.
(2)CA Streets and Highways Code § 2549(b)(2) The extent of local financial participation in the acquisition.
(3)CA Streets and Highways Code § 2549(b)(3) The degree to which the unacquired right-of-way is jeopardized by encroaching development.
(c)CA Streets and Highways Code § 2549(c) The commission shall annually adopt a priority list for the advance of funds available for the purpose of this section. The commission shall establish and forward to all applicants a preliminary list at least 30 days prior to the date of a commission hearing on the list. The commission shall adopt the priority list, as proposed or as amended, at a subsequent commission hearing following the initial hearing. The commission shall advance funds available for the purposes of this section in accordance with the adopted priority list.
(d)CA Streets and Highways Code § 2549(d) Any advance of funds pursuant to this section shall be repaid within a three-year period and shall be repaid with interest at a rate equal the interest rate earned on moneys in the Pooled Money Investment Fund.
abandoned railroad rights-of-way transit corridor viability local financial participation encroaching development risk fund application evaluation priority list for funding repayment period interest rate calculation Pooled Money Investment Fund commission criteria and procedures
