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HomePublic Utilities CodeDiv. 11Ch. 4Art. 3§ 120243 Railroad Property Eminent Domain

§ 120243 Railroad Property Eminent Domain

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

§ 120243 Railroad Property Eminent Domain

Key Takeaways

  • •The government can take property from a company (like a railroad) if they need it for public use, but they have to pay fair money for it.
  • •Before taking railroad property, the government must prove it’s really needed and won’t hurt the railroad’s ability to do its job safely and well.
  • •The government can go to a special group (Public Utilities Commission) or a court to decide if they can take the property.

Example

The government wants to take a piece of land owned by a railroad company to build a new highway.

The government must first prove that building the highway is really important and won’t stop the railroad from running trains safely. They also have to pay the railroad a fair price for the land.

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

Official Source
View on CA.gov

§ 120243 Railroad Property 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 board. No taking or acquisition by the board 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 board may commence and maintain such eminent domain proceedings in the Public Utilities Commission or the superior court at its option. (Added by Stats. 1975, Ch. 294.)

Last verified: January 23, 2026

Key Terms

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

Related Statutes

  • § 102243 Public Utility 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 120243.
View Official Source