Article 3. Property of California Public Utilities Code >> Division 10. >> Part 14. >> Chapter 5. >> Article 3.
The district may take by grant, purchase, devise, or lease,
or condemn in proceedings under eminent domain, or otherwise
acquire, and hold and enjoy, real and personal property of every kind
within or without the district necessary to the full or convenient
exercise of its powers. The board may lease, mortgage, sell, or
otherwise dispose of any real or personal property within or without
the district necessary to the full or convenient exercise of its
(a) As used in this section, "transit-oriented joint
development project" means a development project for commercial,
residential, or mixed-use purposes that is undertaken in connection
with existing, planned, or proposed transit facilities and is located
one-fourth mile or less from the exterior boundary of the parcel on
which that facility is located.
(b) The district may take by gift, or take or convey by grant,
purchase, devise, or lease, and hold and enjoy, real and personal
property of every kind within the district necessary for, incidental
to, or convenient for, transit-oriented joint development projects.
(c) Any transit-oriented joint development project undertaken
pursuant to this section shall be consistent with the general plan,
any applicable specific plan, any applicable transit village plan,
and the land-use and development ordinances of the city or county in
which the project is located.
(d) The district may not exercise its power of eminent domain in
order to make an acquisition under this section.
(e) (1) Prior to exercising the authority granted under this
section, the district shall prepare, and shall adopt at a public
hearing, written policies and procedures implementing this section.
(2) The district shall invite public comment during the
preparation and adoption of the policies and procedures required
under paragraph (1), including, but not limited to, soliciting the
input of community members and organizations and publishing notice of
the public hearing in a newspaper of general circulation.
(f) This section applies only to acquisitions related to
transit-oriented joint development projects and does not expand the
district's existing powers.
The district may exercise the right of eminent domain to
take any property necessary or convenient to the exercise of the
powers granted in this part. The district, in exercising such power,
shall in addition to the damages for the taking, injury, or
destruction of property, also pay the cost, exclusive of betterment
and with credit for salvage value, of removal, reconstruction, or
relocation of any structure, railways, mains, pipes, conduits, wires,
cables, or poles of any public utility which is required to be moved
to a new location.
The Public Utilities Commission of the state shall have and
exercise power and jurisdiction to fix just compensation to be paid
for the taking of any property of a public utility in eminent domain
proceedings brought by the district. No taking or acquisition by the
district which would involve the abandonment, removal, relocation, or
use of the property of a railroad corporation, as defined in Section
230, shall be permitted, unless the Public Utilities Commission,
after a hearing, shall find and determine that the public interest
and necessity require the abandonment, removal, relocation, or use of
such property and that such taking or acquisition will not
unreasonably impair the ability of the railroad corporation involved
to provide safe, adequate, economical, and efficient service. The
district may commence and maintain such eminent domain proceedings in
the Public Utilities Commission or the superior court at its option.
The district is entitled to the benefit of any reservation
or grant, in all cases, where any right has been reserved or granted
to any public agency to construct or maintain roads, highway or other
crossings over any public or private lands.