Utilities Flashcards
Criteria when determining property rights liability utilities.
1.superior rights - common law
2. Special state laws (street & highways code 660 to 711, water code 7034 to 7035, gov code 4215 to 4217)
3. Master contracts (14)
4. Pole count method
Four Liability determining factors:
- Superior rights
- Freeway Master agreement
- When was Route adopted by CTC as State Highway
- When was route adopted by CTC to be freeway or expressway
What is the legal basis under which the utility facility is occupying the property?
Superior rights:
1. Fee ownership
2. Easement (recorded or not)
3. Implied/ Secondary easement
4. Joint Use Agreement or Consent to Common Use Agreement
5. Perfected prescriptive claim
6. Lease
7. License
8. Franchise
9. Encroachment permit
10. Trespass
What type of use agreement is non-complex, non-developmental use for 6 months?
Rental agreement
Short term, non-developmental use for up to 5 years with no options or extensions. Usually the result of an open bid.
Parking agreement
What agreement is prohibited?
Developmental
Local agency use of a site for a park or recreational facilities?
Marker Johnson Park
3 year lease with no right of extension, resulting from direct negotiations for sites that will be utilized by a contractor in support of construction and/or maintenance of State routes
3 year directly negotiated
What is inverse condemnation?
Lead based paint disclosure for properties built before?
1978
Excess land disposal methods?
- In house transfer (Maint, park & ride, other state agencies)
- Local agencies transfer of control and possession
- Public sale
System for Excess Land?
Excess Land Management System (ELMS)
3 independent records for excess land?
- Accounting - general ledger maintained by accounting service center
- RW record maps (RWE)
- Excess land parcel files
What is Roberti Bill?
Sale of properties for low income housing purposes due to downscoping or rescinded projects only. Sale at affordable prices to tenant occupied.
What is Porter Bill?
Lease of excess land property for park purposes to local agencies at fair rental value excess then sold subject to the lease.
What is the Williamson Act?
Open space land placed in an agricultural preserve in exchange for special tax treatment. Usually 10 year commitment and penalty for any other use.
Excess Land method of disposal (11 types)?
- Internal transfer
- Public sale by auction, sealed bid, or continuous bid
- Direct Sales owners / occupants
- Private sale
- Exchange
- Functional replacement
- Other direct conveyance
- Leasing
- Lease-purchase
- Transfer of control and possession to other state agencies
- Private brokers
Who approves all excess land conveyances?
CTC
Formula for accrued depreciation credit
(Age of facility / normal life expectancy) x original cost = credit
When does Caltrans allow utilities to remain longitudinal within state right of way without approval?
On conventional roads
What type of agreement is used when an owner facilities have been relocated within state right of way but OUTSIDE the owner original easement?
Joint use agreement
Documents facts and circumstances that support liability determination
Report of investigation
Pole count formula
of impacted poles within project limits where owner has superior rights (divided by) / total # of impacted poles within project limits where owner= state share of cost
