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HomePublic Utilities CodeDiv. 10Pt. 15Ch. 5Art. 3§ 103243 Public Utility Eminent Domain

§ 103243 Public Utility Eminent Domain

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

§ 103243 Public Utility Eminent Domain

This law lets the Public Utilities Commission decide how much money to pay when the district takes property from a public utility, and it says the district can only take railroad property if the commission says it's needed and won't hurt the railroad's service.

Key Takeaways

  • •The Public Utilities Commission sets the fair money to be paid when the district takes utility property.
  • •Railroad property can only be taken after the commission finds it’s needed and won’t badly affect the railroad’s service.
  • •The district can start the taking case either in the Public Utilities Commission or in the superior court.

Example

A city wants to build a new road that would need part of a railroad's tracks.

The city (the district) must ask the Public Utilities Commission to hold a hearing. If the commission decides the road is important for the public and that the railroad can still run safely, it will set a fair payment for the land. Only then can the city take the railroad property.

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

Official Source
View on CA.gov

§ 103243 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. 1974, Ch. 502.)

Last verified: January 11, 2026

Key Terms

Public Utilities Commissioneminent domainjust compensationrailroad corporationpublic interest and necessity

Related Statutes

  • § 102243 Public Utility Eminent Domain
  • § 100131 Vta Eminent Domain Powers
  • § 100132 Vta Eminent Domain Compensation
  • § 120243 Railroad Property Eminent Domain
  • § 101179 Railroad Property Acquisition Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Public Utilities Code. Section 103243.
View Official Source