Article 2. Disposition Of Excess Property of California Streets And Highways Code >> Division 9. >> Part 3. >> Chapter 6. >> Article 2.
If the legislative body of a public entity determines that
property previously subject to a street, highway, or public service
easement, title to which is owned by the public entity, is no longer
needed by the public:
(a) In the case of property owned by a local agency, the
legislative body may sell or exchange the property in the manner, and
upon the terms and conditions, approved by the legislative body.
(b) In the case of property owned by the state, the department
shall dispose of the property as provided in Section 118.
(a) Notwithstanding Section 8311, if a street or highway is
vacated by a local agency under this part, or under any other law or
under its charter, for the purpose of opening a new street or highway
in lieu of that vacated, the legislative body of the local agency
may, by resolution, unless otherwise provided in its charter, convey
by deed its interest in the street or highway vacated to the owners
of the lands adjacent to or fronting on the street or highway in such
manner as it deems that equity requires.
(b) If title to the property occupied by the vacated street or
highway is owned by the local agency, the legislative body may impose
any reasonable conditions, or demand compensation by exchange of
lands, or otherwise, before conveying the property.
(c) The deeds provided for in this section shall not be delivered
to the grantees named in the deeds, until good and sufficient
conveyances vesting in the local agency the title to the new street
or highway opened in lieu of the street or highway vacated are
delivered to the local agency.
(d) The authority granted in this section is permissive and does
not affect any authority the local agency may have to hold the
property for public use, dispose of the property by public bid, or
take any other action with respect to the property authorized by law.
The purchase price for any property sold by the legislative
body of a local agency pursuant to this article shall be paid into
the treasury of the local agency to the credit of any fund, available
for the same purposes for which the property was used, that the
legislative body designates.