CALTRANS-AUTHORIZED LEASES OF
AREAS ABOVE AND BELOW HIGHWAYS
(Excerpt from Streets and Highways Code)
Article 3. The Department of Transportation
104.12. (a) The department may lease to public agencies or private
entities for any term not to exceed 99 years the
use of areas above or below state highways, subject to any reservations,
restrictions, and conditions that it deems
necessary to ensure adequate protection to the safety and the adequacy of
highway facilities and to abutting or
adjacent land uses. Authorized emergency vehicles, as defined in Section
165 of the Vehicle Code, which are on
active duty and are not merely being stored, shall be given preference in
the use of these areas, and no payment of
consideration shall be required for this use of the areas by these vehicles.
Prior to entering into any lease, the
department shall determine that the proposed use is not in conflict with
the zoning regulations of the local
government concerned. The leases shall be made in accordance with procedures
to be prescribed by the
commission, except that, in the case of leases with private entities, the
leases shall only be made after competitive
bidding unless the commission finds, by unanimous vote, that in certain
cases competitive bidding would not be in
the best interests of the state. The possibilities of entering into the
leases, and the consequent benefits to be
derived therefrom, may be considered by the department in designing and
constructing the highways.
Revenues from the leases shall be deposited in the State Highway Account.
If leased property was provided to
the department for state highway purposes through donation or at less than
fair market value, the lease revenues
shall be shared with the donor or seller if so provided by contract when
the property was acquired. If the donor or
seller was a local agency which no longer exists at the time the department
enters into the lease, the local agency's
share of lease revenues shall be paid to the county or counties within which
the local agency was situated.
(b) Notwithstanding subdivision (a), in any case where sufficient land or
airspace exists within the right-of-way
of any highway, constructed in whole or in part with federal-aid highway
funds, to accommodate needed
passenger, commuter, or high-speed rail, magnetic levitation systems, and
highway and nonhighway public mass
transit facilities, the department may make the land or airspace available,
with or without charge, to a public entity
for those purposes, subject to any reservations, restrictions, or conditions
that it determines necessary to ensure
adequate protection to the safety and adequacy of highway facilities and
to abutting or adjacent land uses.
(c) The department shall consider future lease potential of areas above
or below state highway projects when
planning new state highway projects. This consideration shall be accomplished
by intra department consultation
between offices concerned with project development and air space lease development.
(d) The department shall submit to the Legislature an annual report on the
income and the inventory status of
airspace leased above and below state highways.
(e) The department shall report to the Governor and the Legislature on January
1, 1991, and thereafter
biennially, on the number and nature of contractual agreements entered into
pursuant to Section 104.2 and
pursuant to this section.
(Amended by Stats. 1971, Ch. 1053; Amended by Stats. 1980, Ch. 777; Amended
by Stats. 1986, Ch. 500;
Amended by Stats. 1988, Ch. 82; Amended by Stats. 1989, Ch. 1081; Amended
by Stats. 1992, Ch. 513.)
104.16. (a) Any airspace under a freeway, or real property acquired
for highway purposes, in the City and County of
San Francisco, which is not excess property, may be leased by the department
to the city and county or another
political subdivision or a state agency for purposes of an emergency shelter
or feeding program.
(b) The lease shall be one dollar ($1) per month. The lease amount may be
paid in advance of the term covered
in order to reduce the administrative costs associated with the payment
of the monthly rental fee. The lease shall
require the payment of an administrative fee not to exceed five hundred
dollars ($500) per year, unless the
department determines that a higher administrative fee is necessary, for
the department's cost of administering the lease.
(c) The Legislature finds and declares that the lease of real property pursuant
to this section serves a public
purpose.
(Added by Stats. 1993, Ch. 750. Effective October 4, 1993.)
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