§ 10104 Municipal Street Use Disputes

Public Utilities Code·California

AI SummaryVerified

If two cities (or a city and a county) can’t agree on how and where to use a street within three months, the city that wants to use it can ask a court to decide the terms and location.

Key Takeaways

•First try to agree on the street use with the other city or county.
•If no agreement is reached within three months, you can go to the superior court.
•The court decides the exact location and any conditions for using the street.
•After the court’s final judgment, the city can use the street exactly as the judge ordered.

Example

City A wants to hold a street fair on Main Street, which runs through City B. After three months of talks, they still can’t agree on the exact spot and rules.

City A can file a lawsuit in the county’s superior court against City B. The judge will set the exact part of Main Street to use and any rules (like hours, clean‑up, fees). Once the judge’s decision is final, City A can hold the fair exactly as ordered.

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

Official Source

View on CA.gov

§ 10104 Municipal Street Use Disputes

If the two municipal corporations, or a municipal corporation and a county, 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 or the county 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. (Amended by Stats. 2015, Ch. 670, Sec. 2. (AB 1119) Effective January 1, 2016.)

Last verified: January 11, 2026

Key Terms

municipal corporations terms and conditions location of a use superior court final judgment

References

Official text at leginfo.legislature.ca.gov
California Legislature. Public Utilities Code. Section 10104.

§ 10104 Municipal Street Use Disputes

Public Utilities Code·California

AI SummaryVerified

§ 10104 Municipal Street Use Disputes

If two cities (or a city and a county) can’t agree on how and where to use a street within three months, the city that wants to use it can ask a court to decide the terms and location.

Key Takeaways

•First try to agree on the street use with the other city or county.
•If no agreement is reached within three months, you can go to the superior court.
•The court decides the exact location and any conditions for using the street.
•After the court’s final judgment, the city can use the street exactly as the judge ordered.

Example

City A wants to hold a street fair on Main Street, which runs through City B. After three months of talks, they still can’t agree on the exact spot and rules.

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

Official Source

View on CA.gov

§ 10104 Municipal Street Use Disputes

Last verified: January 11, 2026

Key Terms

municipal corporations terms and conditions location of a use superior court final judgment

References

Official text at leginfo.legislature.ca.gov
California Legislature. Public Utilities Code. Section 10104.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References