application and the hearing of all parties and persons who may be brought before them touching or concerning the same, and after such hearing, and due deliberation, they may reject or refuse the said application, or grant the same as asked for, or make such conditions, restrictions, limitations, alterations or additions as they may deem necessary or proper. Such permission shall not be granted for a greater period than twentyfive (25) years. No person shall build, construct or maintain any wharf, or pier or marine ways, dry dock or shipyard, on or along the waters of said bay without first having obtained permission to do so from said commissioners, and whenever permission is granted to build, construct or maintain one, it shall be built, constructed or maintained out of material satisfactory to the said commissioners and not beyond the United States pier-head line; provided, no franchise granted within or bordering upon the corporate limits of any city shall be valid until the same shall be ratified and confirmed by an ordinance of such city. Said commissioners shall have authority to fix a maximum toll to be charged for the use of any wharf, pier, marine ways, dry dock or shipyard, whether the same has already been constructed or shall hereafter be constructed. and to make all needful rules and regulations concerning the use of the same; provided, further, that if at any time the said commissioners shall desire to terminate any franchise and to purchase any wharf, pier, marine ways, dry dock or shipyard, and the purchase price thereof cannot be agreed upon, then the owner of said franchise shall select two disinterested persons, and the said commissioners two disinterested persons, who shall ascertain and fix the value thereof, and if three of said four persons cannot agree, then they shall appoint a fifth competent disinterested person, and any three of said five persons may fix the value thereof, and upon the payment or tender thereof by the commissioners, they shall be entitled to the possession thereof, and the title thereto shall vest in the state of California, and all franchises to build, construct or maintain any wharf, pier, marine ways, dry dock or shipyard, shall contain this provision therein; provided, that in fixing such value the franchise or privilege shall not be considered as of any value; provided further, that said commissioners shall fix the time when work shall be commenced upon any new structure and the time in which the same shall be completed, and if said structure shall not be completed within such time, or such additional time as the said commissioners shall give, then such right and franchise shall lapse and become void; provided further, that all franchises shall contain a provision to the effect that nothing therein contained shall be construed as permitting the erection or maintenance of any wharf, pier, marine ways, dry dock or shipyard, in such manner or in such place as to prevent or interfere with the erection and maintenance of a sea-wall in accordance with the plans heretofore adopted by said commissioners. The said commissioners are hereby authorized to grant to any person or railroad corporation authority to construct and maintain along and over the water-front of the bay of San Diego, a railroad for a period not exceeding fifty (50) years, upon such terms and conditions as said commissioners may provide; provided, that where such railroad is within the limits of any city, such grant shall be approved, ratified and confirmed by an ordinance of such city. [Amendment approved 1905; Stats. 1905, p. 23.] Rules and regulations, power to make: See ante, § 2579. Legislation § 2606. 1. Added by Stats. 1889, p. 323. 2. Amended by Stats, 1903, p. 56. 3. By Stats. 1905, p. 23. See ante, Legislation Article XI, for original code article. § 2607. Salaries. The monthly salaries of the officers shall be as follows: Each of the three commissioners, twenty-five dollars; the secretary, who shall be elected by the commissioners from their own number, one hundred dollars, in addition to his salary as commissioner. The salaries and compensation of all other officers and employees, when appointed, shall be fixed by a majority of the board of harbor commissioners; provided, that the aggregate of the salaries of the said commissioners and secretary in any month shall not in amount exceed fifty per cent of the moneys by said commissioners collected during the preceding month, when such aggregate of salaries would also in amount exceed fifty per cent of the salaries herein before allowed by law, nor in any event shall the aggregate of said salaries exceed in amount the total of said collections; provided, also, that in no event shall the state be liable for the salaries of the members of said board of commissioners, or of the secretary thereof, or for the salary or compensation of any officer or employee elected or appointed by said board, or upon any contract made or entered into by said board. And it is hereby expressly provided that said board of commissioners shall not create any liability or indebtedness against the state in any manner or form whatsoever, and any liability or indebtedness so created, or attempted to be created, shall be absolutely null and void. [Amendment approved 1915; Stats. 1915, p. 54.] Legislation § 2607. 1. Added by Stats. 1889, p. 323. 2. Amended by Stats. 1891, p. 69. 3. By Stats. 1905, p. 25. 4. By Stats. 1915, p. 54. See ante, Legislation Article XI, for original code article. § 2608. Attorney-general, duties of. The attorney-general of the state must give such legal advice and render such legal services as may, from time to time, be required of him by the commissioners, in connection with their duties, without further compensation. Legislation § 2608. Added by Stats. 1889, p. 323. See ante, Legislation Article XI, for original code article. Article I. III. CHAPTER II. Highways. Enumeration of Highways. §§ 2618-2623. Rules and Restrictions respecting the Use of Highways. Powers and Duties of Boards of Supervisors and Highway IV. Highway Taxes. §§ 2651-2656. V. Performance of Highway Labor and Commutation. § 2671. VI. Laying Out, Altering, and Discontinuing Roads. §§ 26812698. VII. Erection and Maintenance of Bridges. §§ 2711-2716. VIII. Obstructions and Injuries to Highways. §§ 2731-2744. Legislation Chapter II. 1. Enacted March 12, 1872, and then was composed of Articles I-VIII (Article IX of the present chapter having been added in 1901). 2. Original code Chapter II repealed by Stats. 1883, p. 5, and a new Chapter II "enacted and substituted." The enacting section of the act making the change read: "Section 1. Chapter two, of title six, of part three, of an act of the legislature of the state of California entitled an act to establish a Political Code, approved March 12, 1872, and each and every section of said chapter two, are hereby repealed, and a new chapter two, of title six, of part three, of said Political Code, is hereby enacted and substituted in place of said repealed chapter, to read as follows." The act contained, also, a final repealing section, with restrictive provisos, which read: "Sec. 2. All laws concerning roads and highways in conflict with this act, and all laws applicable to particular counties of this state concerning roads and highways, are hereby repealed; provided, that any proceedings commenced before this act takes effect, for the alteration, establishment, or abandonment of any road or highway, may be conducted under the provisions of the law under which said proceedings were commenced; provided, further, that nothing herein contained shall be deemed to authorize the levy or collection of a road poll-tax, or property road tax, within municipalities existing under the laws of this state, wherein work and improvements upon the streets is done by virtue of any law relating to street work and improvements within such municipality. Nor shall any such incorporated city or town be by the supervisors of the county included or embraced in any road district by them established under this act." See titles "Legislation" of the various articles and subdivisions of the chapter (Articles I-IX, §§ 2618–2773). § 2622. § 2621. Record of proceedings relating to roads and highways. § 2618. What are highways. In all counties of this state public highways are roads, streets, alleys, lanes, courts, places, trails, and bridges, laid out or erected as such by the public, or if laid out or erected by others, dedicated or abandoned to the public, or made such in actions for the partition of real property. Abandonment of toll-road: Post, § 2799. Various acts relating to highways: See Gen. Laws, tit. "Highways." Legislation § 2618. 1. Enacted March 12, 1872; based on Stats. 1855, p. 192; § 1. 2. Repealed by Stats. 1883, p. 5. 3. Enacted by Stats. 1883, p. 6. § 2619. Expiration of franchise. Whenever the franchise for any tollbridge, trail, turnpike, plank, or common wagon-road has expired by limitation or non-user, such bridge, trail, turnpike, plank, or common wagonroad becomes a free public highway; and no claim shall be valid against the public for right of way, or for the land, or material comprising such bridge, trail, turnpike, plank, or common wagon-road. All public highways, once established, shall continue to be public highways until abandoned by order of the board of supervisors of the county in which they are situated, or by operation of law, or judgment of a court of competent jurisdiction. Legislation § 2619. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 116. 3. Repealed by Stats. 1883, p. 5. 4. Enacted by Stats. 1883, p. 6. § 2620. Width of highways. The width of all public highways, except bridges, alleys, and lanes, and trails, shall be at least forty feet. The width of all private highways and by-roads, except bridges, shall be at least twenty feet; provided, however, that nothing in this act shall be so construed as to increase or diminish the width of either kind of highways already established or used as such. Legislation § 2620. Enacted by Stats. 1883, p. 6; the first sentence an amendment of old § 2710. The original code § 2620, entitled "Abandonment of highways," was amended by Code Amdts. 1873-74, p. 116; for repeal of which, see ante, Legislation Chapter II. § 2621. Vacation of highways. A road laid out and worked, and used as provided in this chapter, shall not be vacated or cease to be a highway until so ordered by the board of supervisors of the county in which said road may be located; and no route of travel used by one or more persons over another's land, shall hereafter become a public road or by-way by use, or until so declared by the board of supervisors or by dedication by the owner of the land affected. Legislation § 2621. Enacted by Stats. 1883, p. 6. The original code § 2621 was entitled "Duties of clerk relative to road matters"; as to which, see infra, Legislation § 2622, and for repeal of which, see ante, Legislation Chapter II. § 2622. Record of proceedings relating to roads and highways. The clerk of the board of supervisors shall include in the minutes of the board of supervisors all proceedings of the board relative to each road or road district, including orders for laying out, altering, and opening roads; he must also keep a road register, in which must be entered the number and name of each public highway in the county, a general reference to its terminal points and course, also the date of the filing of the petition or other papers, a memorandum of every subsequent proceeding in reference to it, with the date thereof, and the folio, and the volume of the minute-book where it is recorded. Legislation § 2622. Enacted by Stats. 1883, p. 7; an amendment of original code, § 2621; for repeal of which, see ante, Legislation Chapter II. § 2623. Title to roads. Any road laid out by the board of supervisors, as provided in this chapter, or used and worked as therein provided, shall not be vacated or cease to be a highway until so ordered by said board; and each county shall be deemed to have acquired title to any road opened over any land in conformity to any order made by its board of supervisors, pursuant to this chapter, after one year shall have elapsed from the time of making the order opening the road. Legislation § 2623. Added by Stats. 1891, p. 508. See ante, Legislation Chapter II. § 2634. Gas, water, and railroad corporations may lay down conductors and track. [Repealed.] § 2635. § 2636. Other corporations may acquire right of way. [Repealed.] § 2631. The public easement. By taking or accepting land for a highway, the public acquire only the right of way, and the incidents necessary to enjoying and maintaining the same, subject to the regulations in this and the Civil Code provided. Various acts relating to highways: See Gen. Laws, tit. "Highways." Legislation § 2631. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 116. 3. Repealed by Stats. 1883, p. 5. 4. Enacted by Stats. 1883, p. 7. See ante, Legislation Chapter II. § 2632. Adjoining owner may construct sidewalk. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land, subject, however, to the authority conferred by law on the board of supervisors and the commissioners of highways; and any person using such sidewalk with mule, horse, or team, without permission of the owner, is liable to such owner or occupant in the sum of five dollars for each trespass, and for all damages suffered thereby. Legislation § 2632. 1. Enacted March 12, 1872. Stats. 1883, p. 5. 3. Enacted by Stats. 1883, p. 7. lation Chapter II. 2. Repealed by See ante, Legis § 2633. May plant trees. Any owner or occupant of land adjoining a highway not less than three rods wide, may plant trees in and along said highway on the side contiguous to his land. They must be set in regular rows, at a distance of at least twenty feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than eighty feet wide, the row must not be less than six nor more than twelve feet from the boundary of the highway. Whoever willfully injures any of them is liable to the owner or to the occupant for the damage which is thereby sustained; provided, if, in the judgment of the board of supervisors, the whole width of such road is needed for use for highway purposes, the whole thereof may be so used. proved 1893; Stats. 1893, p. 113.] March 12, 1872. Legislation § 2633. 1. Enacted [Amendment ap 2. Repealed by 4. Amended by § 2634. Gas, water, and railroad corporations may lay down conductors and track. [Repealed 1883; Stats. 1883, p. 5.] Legislation § 2634. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1883, p. 5. See ante, Legislation Chapter II. § 2625. Other corporations may acquire right of way. [Repealed 1883; Stats. 1883, p. 5.] |