California Government Code

§ 15855

GOV § 15855 Effective Jan 1, 2023Div. 3 · Title 2 · Part 11

Statute text

(a)Notwithstanding any other law, except as provided in subdivision (b), the State Public Works Board is the only state agency that may exercise the power of eminent domain to acquire property needed by any state agency for any state purpose or function.

(b)Subdivision (a) does not affect or limit the right of the Department of Transportation, High-Speed Rail Authority, Department of Water Resources, State Lands Commission, Central Valley Flood Protection Board, the college named in Section 92200 of the Education Code, or the Regents of the University of California to exercise the power of eminent domain. Subdivision (a) does not affect or limit the exercise of the power of eminent domain by the Department of Fish and Wildlife pursuant to Section 1348 of the Fish and Game Code.

(c)(1) Any eminent domain proceeding commenced by the State Public Works Board for an acquisition for high-speed train system purposes before, and pending after, January 1, 2019, shall be deemed to have been commenced by the High-Speed Rail Authority, and the High-Speed Rail Authority shall be automatically substituted for the State Public Works Board as a party in any such action. All subsequent proceedings shall be in the name of the High-Speed Rail Authority. However, any misnomer not affecting the parties’ substantial rights shall be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.

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Legislative history

Amended by Stats. 2022, Ch. 478, Sec. 61. (AB 1936) Effective January 1, 2023.