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HomePublic Utilities CodeDiv. 10Pt. 12Ch. 5Art. 3§ 100131 Vta Eminent Domain Powers

§ 100131 Vta Eminent Domain Powers

Public Utilities Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 100131 Vta Eminent Domain Powers

This law lets the VTA take private land for its projects and says it must pay for moving utilities, but it can’t take railroad property unless a public utilities commission says it’s necessary and won’t hurt the railroad’s service.

Key Takeaways

  • •VTA can use eminent domain to get land it needs for its projects.
  • •When it takes land, VTA must pay for damage plus the cost of moving any public‑utility structures, minus any salvage value.
  • •VTA cannot take or move railroad property unless the Public Utilities Commission decides it’s in the public interest and won’t badly affect the railroad’s service.

Example

The VTA wants to build a new light‑rail line that would run through a homeowner’s yard and would require moving a water pipe and an electric cable.

The VTA can take the yard, but it must pay the homeowner for the damage and also cover the cost of moving the water pipe and electric cable to a new spot, without counting any improvement value.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 100131 Vta Eminent Domain Powers

(a) The VTA may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The VTA, in exercising this power, shall in addition to the damages for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility that are required to be moved to a new location. (b) No taking or acquisition by the VTA that would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as defined in Section 230, shall be permitted, unless the Public Utilities Commission, after a hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of that property and that the taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. (Amended by Stats. 2016, Ch. 381, Sec. 47. (AB 2196) Effective January 1, 2017.)

Last verified: January 11, 2026

Key Terms

eminent domainVTAPublic Utilities Commissionrailroad corporation

Related Statutes

  • § 100132 Vta Eminent Domain Compensation
  • § 103243 Public Utility Eminent Domain
  • § 100130 Vta Property Acquisition Authority
  • § 102243 Public Utility Eminent Domain
  • § 100130.5 Transit-Oriented Joint Development

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Public Utilities Code. Section 100131.
View Official Source