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AB-2235 Public utilities: inverse condemnation.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2235


Introduced  by  Assembly Member Hagman

February 24, 2012


An act to add Section 610.5 to the Public Utilities Code, relating to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2235, as introduced, Hagman. Public utilities: inverse condemnation.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, as defined. The Public Utilities Act authorizes public utilities that are under the regulatory authority of the commission to condemn any property necessary for the construction and maintenance of utility services by the utility.
This bill would authorize an owner of property to seek compensation for any substantial reduction in the value of the property proximately resulting from the building, expansion, or operation of a plant, line, pipeline, or other facility by a public utility. The bill would provide that the evidentiary rules and rules of civil procedures applicable to inverse condemnation actions would apply to such an action.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 610.5 is added to the Public Utilities Code, to read:

610.5.
 The owner of property make seek compensation for any substantial reduction in the value of the property proximately resulting from the building, expansion, or operation of a plant, line, pipeline, or other facility by a public utility. In any action brought pursuant to this section, the evidentiary rules and rules of civil procedures applicable to inverse condemnation actions shall apply, including Sections 1036, 1245.260, 1263.530, and 1268.311 of the Code of Civil Procedure and Section 822 of the Evidence Code.