Code Section Group

Streets and Highways Code - SHC

DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363]

  ( Division 9 added by Stats. 1941, Ch. 79. )

PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363]

  ( Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. )

CHAPTER 4. Summary Vacation [8330 - 8336]

  ( Chapter 4 added by Stats. 1980, Ch. 1050, Sec. 29. )

ARTICLE 2. Procedure [8335 - 8336]
  ( Article 2 added by Stats. 1980, Ch. 1050, Sec. 29. )

8335.
  

(a) (1) The legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this chapter by adopting a resolution of vacation.

(2) The legislative body may delegate the authority to vacate a public service easement to any public officer or employee otherwise qualified to prepare easements or approve parcel maps or final maps as defined in Title 7 of Division 2 of the Government Code, pursuant to the authority provided in this chapter by recordation of a document containing the information in subdivision (b).

(b) The resolution of vacation shall state all of the following:

(1) That the vacation is made under this chapter.

(2) The name or other designation of the street, highway, or public service easement and a precise description of the portion vacated. The description of the portion vacated may be by a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity.

(3) The facts under which the summary vacation is made. If the vacation is made pursuant to Section 8332, the statement shall include the date of the agreement. The resolution is prima facie evidence of the facts stated.

(4) That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement.

(5) If the resolution of vacation applies to a public service easement vacated by a public officer or employee delegated authority pursuant to subdivision (a), a certification that all entities having any right, title, or interest in the public service easement being vacated have been notified of this action.

(Amended by Stats. 2015, Ch. 269, Sec. 36. (SB 184) Effective January 1, 2016.)

8336.
  

(a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. No fee shall be charged for recordation.

(b) Upon such recordation, the vacation is complete.

(Added by Stats. 1980, Ch. 1050, Sec. 29.)

SHCStreets and Highways Code - SHC2