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PUC Sec 10101-10107 Rights of Way
PUBLIC UTILITIES CODE
10101. There is granted to every municipal corporation of the State
the right to construct, operate, and maintain water and gas pipes,
mains and conduits, electric light and power lines, telephone and
telegraph lines, sewers and sewer mains, all with the necessary
appurtenances, across, along, in, under, over, or upon any road,
street, alley, avenue, or highway, and across, under, or over any
railway, canal, ditch, or flume which the route of such works
intersects, crosses, or runs along, in such manner as to afford
security for life and property.
10102. A municipal corporation exercising its rights under this
article shall restore the road, street, alley, avenue, highway,
canal, ditch, or flume so used to its former state of usefulness as
nearly as may be, and shall locate its use so as to interfere as
little as possible with other existing uses of a road, street, alley,
avenue, highway, canal, ditch, or flume.
10103. Before any municipal corporation uses any street, alley,
avenue, or highway within any other municipal corporation, it shall
request the municipal corporation in which the street, alley, avenue,
or highway is situated to agree with it upon the location of the use
and the terms and conditions to which the use shall be subject.
10104. If the two municipal corporations are unable to agree on the
terms and conditions and location of a use within three months after
a proposal to do so, the municipal corporation proposing to use a
street, alley, avenue, or highway may bring an action in the superior
court of the county in which the street, alley, avenue, or highway
is situated against the other municipal corporation to have the terms
and conditions and location determined. The superior court may
determine and adjudicate the terms and conditions to which the use of
the street, avenue, alley, or highway shall be subject, and the
location thereof, and upon the making of the final judgment the
municipal corporation desiring to do so may enter and use the street,
alley, avenue, or highway upon the terms and conditions and at the
location specified in the judgment.
10105. A grant of authority from or agreement with another
municipality is not necessary in any case where the street, alley,
avenue, or highway, or portion thereof, proposed to be used is a
necessary or convenient part of the route of the proposed works and
at the time construction was commenced or the plans adopted was
located in unincorporated territory. This section is not applicable
if the street, alley, avenue, or highway, or portion thereof, was
located in incorporated territory prior to May 5, 1933.
10106. This article does not authorize the construction of any
sanitary sewer within the territorial limits of any other
municipality if the method of disposition of sewage thereform is by
discharging it in the Pacific Ocean within one mile of the
territorial limits of the other municipality or in any manner that
may create a public nuisance.
10107. Nothing in this article limits in any respect the
jurisdiction, powers, and duties vested by law in the Public
Utilities Commission or, with respect to state highways, in the
Department of Transportation. In the event of any conflict of
jurisdiction, that of the Public Utilities Commission or the
Department of Transportation, as the case may be, shall prevail.