State Right-of-way: CA (Chapter 383, Statute 1909)

JasonCamit · Post by **JasonCamit** » Tue Apr 05, 2016 10:48 am

Does anyone have a copy of this document that (I assume) granted right-of-way to the State of California? It appears that it is a 60.00 wide right-of-way adjacent to Southern Pacific Railroad. I see it noted on State right-of-way maps.

David Kendall · Post by **David Kendall** » Tue Apr 05, 2016 11:17 am

Is this it?

https://books.google.com/books?id=P5tBAQAAIAAJ&pg=PA19

Warren Smith · Post by **Warren Smith** » Tue Apr 05, 2016 12:14 pm

David,

Nice find, all compiled like that!

The reference Jason found is similar to those by the interstate railroads - an enabling Act and subsequent amendments, which provided for purchase or condemnation for public transportaton purposes.

Once codified, these acts are the genesis of the Streets and Highways Code, and the Vehicle Code.

JasonCamit · Post by **JasonCamit** » Tue Apr 05, 2016 12:44 pm

This is a great find indeed. This is the "State Highways Act" of 1909. I have found this reference on State Highway maps here in Fresno County, Tulare County and Kern County. When it is referenced it is difficult to determine how the land was acquired (fee or easement). I have been told that the State did not acquire land in fee until 1928. Does anyone have any information confirming this?

JasonCamit · Post by **JasonCamit** » Tue Apr 05, 2016 1:20 pm

I think I answered my own question with this attachment.

Johnston · Post by **Johnston** » Tue Apr 05, 2016 2:26 pm

Jason:
For me, Attorney General's Opinion 04-809 puts that Caltrans staff attorney's opinion in question.

Quote from the AG: "Accordingly, neither section 905 prior to 1955 nor its predecessor, section 2631, prohibited fee ownership of public roads by counties or other government agencies".

http://oag.ca.gov/opinions

Steve Martin · Post by **Steve Martin** » Tue Apr 05, 2016 2:35 pm

Related to your last attachment

(edit Johnston beat me to it)

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State Right-of-way: CA (Chapter 383, Statute 1909)

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