LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomePublic Utilities CodeDiv. 10Pt. 14Ch. 5Art. 3§ 102243 Public Utility Eminent Domain

§ 102243 Public Utility Eminent Domain

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

§ 102243 Public Utility Eminent Domain

This law gives the Public Utilities Commission the power to decide fair payment when a public utility's property is taken, and it protects railroad property unless the commission finds the taking is truly needed and won't hurt the railroad's service.

Key Takeaways

  • •The Public Utilities Commission decides how much money must be paid when a public utility's property is taken.
  • •Railroad property can only be taken if the commission finds it is needed for the public and won't seriously hurt the railroad's service.
  • •The district can start eminent‑domain lawsuits either in the Public Utilities Commission or in the superior court.

Example

A city wants to build a new road that would cross tracks owned by a railroad company.

The city (the district) must ask the Public Utilities Commission to hold a hearing. If the commission decides the road is necessary for the public and that taking the tracks won't badly affect the railroad's ability to run safe and efficient trains, it can allow the taking and set the amount the city must pay the railroad.

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

Official Source
View on CA.gov

§ 102243 Public Utility Eminent Domain

The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the district. No taking or acquisition by the district which 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 such property and that such taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. The district may commence and maintain such eminent domain proceedings in the Public Utilities Commission or the superior court at its option. (Added by Stats. 1971, Ch. 1374.)

Last verified: January 11, 2026

Key Terms

Public Utilities Commissioneminent domain proceedingsjust compensationabandonment, removal, relocation, or userailroad corporationpublic interest and necessitysafe, adequate, economical, and efficient service

Related Statutes

  • § 120243 Railroad Property Eminent Domain
  • § 103243 Public Utility Eminent Domain
  • § 101179 Railroad Property Acquisition Rules
  • § 100131 Vta Eminent Domain Powers
  • § 100132 Vta Eminent Domain Compensation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Public Utilities Code. Section 102243.
View Official Source