Vacations - Easements, Reserves, Streets, Walkways - 1979-1981 pt1

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§ 812 CIVIL CODE § 812.5 Vacation or abandonment of street or highway; extinguishment of public easements; exception for local agencies; recordation; Index of requests for notice of Intent to vacate or abandon As used in this section, "local agency" means a city or special district as defined In Section 54775 of the Government Code and "public body" means a city, county, or city and county. The vacation or abandonment, pursuant to law, of any street or highway shall ex- tinguish all public easements therein, except as to a local agency which determines after receipt of notice of the vacation or abandonment proceedings that public convenience and necessity require a public casement to maintain, operate, replace, remove, or renew its existing works installed therein. A public body proposing vacation or abandonment of a street or highway shall, within 15 days after adoption of it resolution or ordinance of Intention to vacate or abandon, give written notice of such Intention to any local agency which has requested notice of such action. A local agency making a determination of public convenience and necessity for continuance of a public easement for its existing works may, within 30 days of receipt of such notice, file for record in the office of the recorder in the county In which the vacated or abandoned street or highway Is located a verified notice of its public easement over all or part of any such street or highway which Is particularly described in such verified notice. Failure of a local agency to record the notice of Its public easement within 30 days of receipt of the notice of intent to vacate or abandon shall extinguish its right to a public easement over all or part of the street or highway being vacated or abandoned except that where there Is a failure by the public body to give the required notice of intent, such local agency may record Its notice of public easement at anytime within 180 days of recordation of the instrument constituting the vaca- tion or abandonment by the public body. In such cases the failure of the local agency to record its notice within the 180-day period shall extinguish its right to a public easement over all or part of the vacated street or highway. Every public body shall maintain an index of requests for notice of intent to vacate or abandon which it received pursuant to the provisions of this section. Such index shall be made available to the public upon request. Nothing In this section shall lm construed to affect any reservation or the right to reserve easements pursuant to Sections 72.5, 959.1 or 8330 of the Streets and Highways Code, nor to make the rights of the public in or to any street or highway subordinate to any such public casement. (Added by Stats.1974, c. 1340, p. 2913, 11.) Effect of abandonment order, see Streets Library References and Highways Code 4 690. Highways 0--79(7). C.J.S. Highways $ 130 et seq. Words and Phrases (Perm.Ed.). ! 813. Consent to use of land; recordation of notice; revocation The holder of record title to land may record in the office of the recorder of any county in which any part of the land is situated, a ' ' ' description of said land and a notice reading substantially as follows: "The right of the public or any person to make any use whatsoever of the clove described land or any portion thereof ' ' ' (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by p1ermission, and subject to control, of owner: Section 813, Civil Code." The recorded notice ' • ' is conclusive evidence that subsequent use of the land during the time such notice is in effect by the public or any user for any purpose (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is permissive and with consent in any judicial proceeding involving the Issue as to whether all or any portion of such land has been dedicated to public use or whether any user has a prescriptive right in such land or any portion thereof. The notice ' ' ' fnay be revoked by the holder of Underline indicates changes or additions by amendment 192 record title by roe the notice ' ' and prior to any by d In the event of use effective, shall also be The recording of a 11 to affect rights vested The permission for notice may be condit manner of such public i (Added by Stats.1963, 11.) Sections 3. 4, of Stats. provided: "Sec. 3. This act she to amend or affect and Professions Code or Fish and Game Code n any public rights of r waters cXV of then nCalifornia C( it diminish any public or upo,` the public Ian( the wagers thereof cc 25 of Article I of the tion, nor shall this act feetrights d estedhas ofor the of by reason of express tion, or otherwise. "Sec. 4. In the eve this act Ss held inval{ of ar thiststatedree orcof the Ur. tiro act, with the excL shall bo invalid and purpose. In such evr tinued use by the publ real pproperty that we, fezted by this act, aft and prior to the date termination, shall be c to be with the permis such property. and su< stitute evidence nor b deuce in any action a vested right on bet any governmental bod; to make such use per tion shall not appl scribed in subdivis or of the Civil Code du visionsnof subdivision TITLE 1818. Life tenant; Treble damages for see Code of Civil Pro 1 ion and owner t of tlife estr who received a per inspection report an( specifying deficienci a definite, legal and Asterisks ' a " Inc 7 Cal.Co1978 7q 91F P.P.