Article 3. Rights Of Way of California Public Utilities Code >> Division 5. >> Chapter 1. >> Article 3.
There is granted to every municipal corporation of the State
the right to construct, operate, and maintain water and gas pipes,
mains and conduits, electric light and power lines, telephone and
telegraph lines, sewers and sewer mains, all with the necessary
appurtenances, across, along, in, under, over, or upon any road,
street, alley, avenue, or highway, and across, under, or over any
railway, canal, ditch, or flume which the route of such works
intersects, crosses, or runs along, in such manner as to afford
security for life and property.
A municipal corporation exercising its rights under this
article shall restore the road, street, alley, avenue, highway,
canal, ditch, or flume so used to its former state of usefulness as
nearly as may be, and shall locate its use so as to interfere as
little as possible with other existing uses of a road, street, alley,
avenue, highway, canal, ditch, or flume.
Before any municipal corporation uses any street, alley,
avenue, or highway within any other municipal corporation or county,
it shall request of the municipal corporation or county that has
control over the street, alley, avenue, or highway to agree with it
upon the location of the use and the terms and conditions to which
the use shall be subject.
If the two municipal corporations, or a municipal
corporation and a county, are unable to agree on the terms and
conditions and location of a use within three months after a proposal
to do so, the municipal corporation proposing to use a street,
alley, avenue, or highway may bring an action in the superior court
of the county in which the street, alley, avenue, or highway is
situated against the other municipal corporation or the county to
have the terms and conditions and location determined. The superior
court may determine and adjudicate the terms and conditions to which
the use of the street, avenue, alley, or highway shall be subject,
and the location thereof, and upon the making of the final judgment
the municipal corporation desiring to do so may enter and use the
street, alley, avenue, or highway upon the terms and conditions and
at the location specified in the judgment.
This article does not authorize the construction of any
sanitary sewer within the territorial limits of any other
municipality if the method of disposition of sewage therefrom is by
discharging it in the Pacific Ocean within one mile of the
territorial limits of the other municipality or in any manner that
may create a public nuisance.
Nothing in this article limits in any respect the
jurisdiction, powers, and duties vested by law in the Public
Utilities Commission or, with respect to state highways, in the
Department of Transportation. In the event of any conflict of
jurisdiction, that of the Public Utilities Commission or the
Department of Transportation, as the case may be, shall prevail.