Section 5101.7 Of Chapter 1. Work Which May Be Done From California Streets And Highways Code >> Division 7. >> Part 3. >> Chapter 1.
5101.7
. The legislative body of a city may order the construction
and installation of improvements authorized by Section 5101 in the
right-of-way of a state highway or county road, or in a railroad
right-of-way which is located within or adjacent to the corporate
boundaries of the city, or in the right-of-way of a county road which
is or will be an extension of a street, public way, or right-of-way
of the city, if the legislative body determines that the public
interest or convenience requires the construction and installation
and that the land within an assessment district to be assessed to pay
the cost and expenses of the improvements is benefited thereby. The
construction and installation of the improvements in the right-of-way
may be performed pursuant to a permit, license, lease, easement, or
right-of-way granted to the city by the public entity or corporation
having jursidiction and control over the highway, road, or
right-of-way. The legislative body of the city may establish and
change the grades of the highway, road, or right-of-way, or portion
thereof, where the improvement will be constructed in cooperation
with the public entity or corporation having jurisdiction and control
over the highway, road, or right-of-way. Before ordering the
construction and installation of the improvements, the city shall
obtain the approval of the public entity or corporation having
jurisdiction and control over the highway, road, or right-of-way.
Notwithstanding the provisions of this section, the legislative body
shall not order the construction or improvement of a segment of a
state highway except as provided in Section 5101.8.