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HomePublic Utilities CodeDiv. 10Pt. 4Ch. 6Art. 1§ 40162 Eminent Domain For Utilities

§ 40162 Eminent Domain For Utilities

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

§ 40162 Eminent Domain For Utilities

Key Takeaways

  • •The government can take private property if they need it for public projects, like building roads or parks.
  • •If they take your property, they must pay you for it and also cover the cost to move or rebuild things like utility lines or train tracks.
  • •They can't move or take railroad property unless a special group (Public Utilities Commission) says it's okay and won't hurt the railroad's ability to work properly.

Example

Imagine the government wants to build a new highway, but there's a gas station in the way.

The government can take the gas station's land, but they have to pay the owner for the land and also pay to move the gas pumps and underground tanks to a new spot.

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

Official Source
View on CA.gov

§ 40162 Eminent Domain For Utilities

The district 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 district in exercising such power shall, in addition to the damage for the taking, injury or destruction of property, also pay the cost of removal, reconstruction or relocation of any structure, railway, mains, pipes, conduits, cables or poles of any public utility which is required to be moved to a new location. No such taking or acquisition by the district which would involve the abandonment, removal, relocation, or use of property of a railroad corporation, as defined in Section 230 of this code, shall be permitted, unless the Public Utilities Commission, after 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. (Amended by Stats. 1975, Ch. 1176.)

Last verified: January 23, 2026

Key Terms

corporationacquisitionfinehearingroadinjurycommissionproperty

Related Statutes

  • § 90402 Eminent Domain Utility Relocation
  • § 96002 Eminent Domain For Utilities
  • § 98214 Railroad Property Acquisition Rules
  • § 8386.1 Electrical Corporation Compliance Penalties
  • § 1208 Condemnation Order To Show Cause

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Public Utilities Code. Section 40162.
View Official Source