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HomePublic Utilities CodeDiv. 10Pt. 8Ch. 6Art. 1§ 90402 Eminent Domain Utility Relocation

§ 90402 Eminent Domain Utility Relocation

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

§ 90402 Eminent Domain Utility Relocation

Key Takeaways

  • •The government can take private property if they really need it for public projects, like building roads or parks.
  • •If they take your property, they have to pay you for it and also cover the cost to move or rebuild things like pipes, cables, or buildings.
  • •If the property belongs to a railroad company, the government can’t take it unless a special group (Public Utilities Commission) says it’s okay and won’t hurt the railroad’s ability to work well.

Example

The government wants to build a new highway and needs to take land where a small shop and some power lines are located.

The government can take the land, but they must pay the shop owner for the land and also pay to move the power lines to a new spot. If the land had railroad tracks, the government would need special permission first.

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

Official Source
View on CA.gov

§ 90402 Eminent Domain Utility Relocation

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 act. 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, railways, 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 the 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

  • § 40162 Eminent Domain For Utilities
  • § 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 90402.
View Official Source