Section 8348 Of Article 2. Preservation Of Public Easements From California Streets And Highways Code >> Division 9. >> Part 3. >> Chapter 5. >> Article 2.
8348
. (a) Within 30 days after receipt of the notice of the
vacation proceeding, the public body may:
(1) Determine that public convenience and necessity require a
public easement to maintain, operate, replace, remove, or renew its
existing works installed in the street or highway that is the subject
of the vacation proceeding.
(2) File for record in the office of the recorder in the county in
which the vacated street or highway is located, a verified notice of
its public easement so determined over the street or highway, or
part thereof, that is particularly described in the notice.
(b) Failure to record the notice of public easement within 30 days
after receipt of the notice of the vacation proceeding extinguishes
the right of the public body to a public easement.
(c) If the local agency fails to give the required notice of the
vacation proceeding, the public body may determine and record notice
of its public easement at any time within 180 days after recordation
of the resolution of vacation. The failure of the public body to
record its notice within the 180-day period extinguishes the right of
the public body to a public easement over the vacated street or
highway.