tion lines wherever practicable. [Amendment approved 1913; Stats. 1913, p. 62.] Legislation § 2692. 1. Enacted by Stats. 1883, p. 15; an amendment of original § 2711. 2. Amended by Stats. 1913, p. 62. See ante, Legislation Chapter II, and Legislation Article VI. § 2693. Record of transfer of right of way. In all cases where consent to use the right of way for a highway is voluntarily given, purchased, or condemned and paid for, either an instrument in writing, conveying the right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the decree of the court condemning the same, must be made and filed and recorded in the office of the recorder of the county, in which the land so conveyed or condemned must be particularly described. Legislation § 2693. original code § 2712. tion Article VI. Enacted by Stats. 1883, p. 15; identical with § 2694. Roads crossing railroads, street railroads, canals, and ditches. Manner of crossing tracks. Canals or ditches. Damages. Wherever the general route of the road to be abandoned, altered, laid out or constructed is shown by the petition provided for by section 2682 of this code to cross the track or right of way of any railroad or street railroad, the county clerk of the county wherein said petition is filed shall immediately upon the appointment of viewers by the board of supervisors transmit to the railroad commission a certified copy of the petition and of the order appointing viewers. Said commission shall thereupon fix a day for the hearing of said petition, and shall give notice thereof to said viewers, to the district attorney and clerk of the board of supervisors of the county wherein said petition is filed, and to the resident owner or agent of the owner of the land over which the proposed road is to run, and said hearing shall be held at the rooms of the board of supervisors of said county. At said hearing the said commission shall hear the evidence offered as to the crossing of said track or right of way by said proposed road, and shall thereupon determine whether said proposed road shall, if constructed, be constructed across said track at grade or otherwise, and shall determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation and maintenance, use and protection of said crossing. The said conclusions of said commission shall thereupon be reported to the board of supervisors, and in its order fixing a day for hearing the viewers' report, the said board shall include therein an order fixing a day for hearing said conclusions which shall be the same day fixed for hearing the said viewers' report. Notice of said hearing shall be given in the manner and for the time prescribed by section 2688 of this code, and, in addition to said notice, the county clerk shall notify said commission of the time and place of said hearing, and at said hearing the board of supervisors shall first proceed to the consideration of said conclusions of said commission, and if the same be rejected, no further proceedings shall be had in said matter. If the same be approved, said board shall proceed in the manner provided by law to act upon said viewers' report. The board shall have no power to change or modify said conclusions except by and with the consent of said commission. Whenever highways are laid out to cross canals or ditches, on public lands, the owners or corporations using the same must, at their own expense, so prepare their canals or ditches that the public highway may cross the same without danger or delay; and when the right of way for a public highway is obtained through the judgment of any court over any railroad, canal or ditch, no damages must be awarded for the simple right to cross the same. [Amendment approved 1912; Stats. Ex. Sess. 1911, p. 138.] Legislation,§ 2694. 1. Enacted by Stats. 1883, p. 15; identical with original code § 2713. 2. Amended by Stats. Ex Sess. 1911, p. 138. See ante, Legislation Chapter II, and Legislation Article VI. § 2695. Fences to be removed, how. When the alteration of an old or the opening of a new road makes it necessary to remove fences on land given, purchased, or condemned by order of a court for road or highway purposes, notice to remove the fences must be given by the roadoverseer to the owner, his occupant, or agent, or by posting the same on the fence; and if the same is not done within ten days thereafter, or commenced and prosecuted with due diligence, the road overseer may cause it to be carefully removed at the expense of the owner, and recover of him the cost of such removal, and the fence material may be sold to satisfy the judgment. Legislation § 2695. Enacted by Stats. 1883, p. 15; an amendment of original § 2714. See ante, Legislation Chapter II, and Legislation Ar tiele VI. § 2696. Acquiring land, proceedings for. Whenever it shall become necessary to acquire land in order to raise the banks along any stream or remove obstructions therefrom, or widen, change, deepen or straighten their channels for the purpose of protecting any public road or highway, or to construct flumes, ditches or canals, or make other improvements for the purpose of carrying off storm-waters or floods to a place of safety, the board must, by order, direct proceedings to procure land necessary for such purpose to be instituted by the district attorney of the county, in the name of the county, under and as provided in title seven of part three of the Code of Civil Procedure. [Amendment approved 1903; Stats. 1903, p. 79.] Legislation § 2696. 1. Added by Stats. 1887, p. 150. 2. Amended by Stats. 1903, p. 79. § 2697. Petition to abandon highway. Any ten freeholders, two of whom must be residents of the road district in which some part of the property affected is situated, and who are taxable therein for road pur poses, may petition the board of supervisors in writing to vacate, discontinue, abandon and abolish any public highway, road, street, avenue, alley, lane or place. Legislation § 2697. Added by Stats. 1915, p. 1333. § 2698. Hearing on petition. Upon filing such petition, the board of supervisors must by order, fix a day for hearing the same and give notice to all freeholders in said road district of the time and place fixed for the hearing of said petition, by publication in some newspaper published in the county, to be designated in said order by the board of supervisors, for at least two successive weeks prior to the day fixed for said hearing. A similar notice shall also be posted conspicuously along the line of the proposed vacation. The board of supervisors must on the day fixed for the hearing, or on the day to which such hearing may be postponed or continued, hear the evidence offered by any party interested and if it shall appear from all the evidence submitted that any highway, road, street, avenue, alley, lane or place described in the petition or any part thereof is unnecessary for present or prospective public use, the board of supervisors may thereupon make its order vacating, discontinuing, abandoning or abolishing such highway, road, street, avenue, alley, lane or place or such part thereof as may be found to be unnecessary for present or prospective public use and the public easement theretofore existing shall thereupon cease and determine and the title to the land previously subject thereto shall revert to the respective owners thereof free from such public easement. A certified copy of said order attested by the clerk under the seal of said board of supervisors must be recorded in the office of the recorder of said county. Legislation § 2698. Added by Stats. 1915, p. 1333. ARTICLE VII. Erection and Maintenance of Bridges. § 2711. Bridges, how maintained, and by whom. § 2712. § 2713. § 2714. § 2715. Supervisors may pay part of cost of constructing road out of Construction and repair of bridges. Emergency-work. When supervisors must repair bridge. § 2716. Semi-annual meetings for highway and bridge purposes. Legislation Article VII. 1. Enacted March 12, 1872, title of the article being same as at present, and embracing the subject-matter of the present article. The section numbers and titles (with amendments before 1883) were as follows: § 2724. Bridges, how maintained and by whom (amended (1) by Code Amdts. 1873-74, p. 126; (2) by Code Amdts. 1880, p. 74); preserved post, § 2711. § 2725. When aid may be given by county for bridge (amended (1) by Code Amdts. 1873-74, p. 126; (2) by Code Amdts. 1880, p. 74); preserved post, § 2712. § 2726. Construction and repair of bridges to be let out by contract (amended (1) by Code Amdts. 1873-74, p. 126; (2) by Code Amdts. 1880, p. 74); preserved post, § 2713. § 2727. When one overseer fails to aid, who may repair bridge (preserved in first sentence of § 2714, post). § 2728. Overseer failing, how bridge repaired (preserved post, § 2728). § 2729. Construction of bridge petitioned for and notice (amended (1) by Code Amdts. 1873-74, p. 127; (2) by Code Amdts. 1880, p. 75). § 2730. If found necessary, the bridge to be built. § 2731. Reports of officers to embrace bridges (amended (1) by Code Amdts. 1873-74, p. 127; (2) by Code Amdts. 1880, p. 75). § 2732. Semi-annual meeting for highway purposes (amended (1) by Code Amdts. 1873-74, p. 128; (2) by Code Amdts. 1880, p. 75); preserved post, § 2716. 2. Original code Article VII repealed by Stats. 1883, p. 5, in repealing the old and substituting a new Chapter II, and a new Article VII enacted. See titles "Legislation," ante, Chapter II and Article VII, and post, Article VIII, and compare, generally, the various subdivisions of the chapter. § 2711. Bridges, how maintained, and by whom. All public bridges, not otherwise specially provided for, are maintained by the road district in which they are situate, the districts which they unite, and the county at large, in the same manner as highways, and under the management and control of the road overseer and the board of supervisors, the expense of constructing, maintaining, and repairing the same being primarily payable out of the road fund of the district in the hands of the county treasurer, and from road taxes. Legislation § 2711. Enacted by Stats. 1883, p. 16; an amendment of original § 2724. See ante, Legislation Chapter II, and Legislation Article VII. § 2712. Supervisors may pay part of cost of constructing road out of general fund. Whenever it appears to the board of supervisors that any road district is or would be unreasonably burdened by the expense of constructing, or by the maintenance and repairs of any road, bridge or tunnel connecting or forming a part of a road, or the purchase of toll roads, they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the general road fund of the county, or by a vote of the majority of the board of supervisors, said board may, in their discretion, order a portion of the cost of construction and repairs of bridges and tunnels connecting or forming a part of a road, or a portion of the cost of the purchase of toll roads, or cost of material for road construction to be paid out of the county general fund, as well as the general road fund; provided, however, that said board shall not take any money out of the county general fund for cost of material for road construction, except by unanimous vote of the board of supervisors; and provided, further, that the said board may in their discretion, by a four-fifths vote, pay or cause to be paid, out of the county general fund or the general road fund, or both or either the whole or a portion of the cost required to construct, build, reconstruct, rebuild, or repair any and all bridges or roads in the county, or both, destroyed or damaged by storms, floods or other calamities. [Amendment approved 1911; Stats. 1911, p. 1464.] There was another amendment of section 2712 adopted at the same session of the legislature: Stats. 1911, p. 429. It was in the same terms as the above section, except that the second proviso was omitted. Legislation § 2712. 1. Enacted by Stats. 1883, p. 16; an amendment of original § 2725. 2. Amended by Stats. 1887, p. 115. 3. By Stats. 1901, p. 599. 4. By Stats. 1903, p. 18. 5. By Stats. 1909, p. 355. 6. By Stats. 1911, p. 429. 7. By Stats. 1911, p. 1464. See ante, Legislation Chapter II, and Legislation Article VII. § 2713. Construction and repair of bridges. Emergency-work. No bridge, the cost of construction or repair of which will exceed the sum of two hundred dollars, must be constructed or repaired except on the order of the board of supervisors. When ordered to be constructed or repaired, the contract therefor may in their discretion, be let out, and if let, it must be after reasonable notice given by the board of supervisors, by publication at least once a week for two weeks in a county newspaper; and if no paper is published in said county, then by three posted notices, one at the court-house, one at the point to be bridged, and one at some other neighboring place in the county. All bids shall be sealed; they shall be opened at the time specified in the notice, and the contract awarded to the lowest responsible bidder. The board may, however, reject any and all bids. The contract and bond for its performance must be entered into and approved by the board of supervisors; except, however, in cases of great emergency, by the unanimous consent of the whole board they may proceed at once to replace or repair any and all structures, of whatever nature, without notice. Bridges crossing the line between counties must be constructed by the counties into which such bridges reach, and each of the counties into which any such bridge reaches shall pay such portion of the cost of such bridge as shall have been previously agreed upon by the boards of supervisors of said counties; provided, that where such bridge or bridges, crossing the line between counties, shall reach within the limits of an incorporated town, or city, or city and county, the provisions of this section shall apply. [Amendment approved 1907; Stats. 1907, p. 851.] Acts relating to construction of bridges: See Gen. Laws, tit. "Bridges." Legislation § 2713. 1. Enacted by Stats. 1883, p. 16; an amendment of original § 2726. 2. Amended by Stats. 1907, p. 851. See ante, Legislation Chapter II, and Legislation Article VII. If the road § 2714. Maintenance of bridges of adjoining districts. overseer of one district, after five days' notice from the overseer of an adjoining district to aid in the repair of a bridge in which each are interested, fails so to aid, the one giving notice may make the necessary repairs, and must be allowed a pro rata compensation therefor by the board of supervisors out of the road fund of the defaulting district. Bridges crossing the line or lines between cities or towns and road districts, or between cities or towns, may be constructed and maintained by the cities or towns and from the road fund of the road district or by the cities or towns into which such bridges extend. Any such bridge may be constructed by contract let as provided by law by either city or town or by the county into which such bridge extends or wherein such bridge is located, and any such city, town or county may contribute toward the cost and expense of the construction or maintenance of such bridge by the appropriation for such purpose of any funds in the treasury of such city, town or county not otherwise appropriated, upon such terms and conditions as may be prescribed by ordinance or resolution of the governing body of such city, town or county aiding in the construction or maintenance of such bridge; provided, that if the proportion to be paid by any such city, town or county cannot be otherwise determined, the cost of construction or maintenance of any such bridge shall be borne equally by the city or town and from the road fund of the road district or by the cities or towns into which such bridge extends. The proceeds of any bonds heretofore or hereafter authorized by the voters of any such city, town or county for the acquisition, construction or completion of any such bridge, or any portion thereof, may be expended or contributed as herein provided. [Amendment approved 1911; Stats. 1911, p. 94.] Legislation § 2714. 1. Enacted by Stats. 1883, p. 17; the first sentence substantially the same as original code § 2727. 2. Amended by Stats. 1911, p. 94. See ante, Legislation Chapter II, and Legislation Article VII. Pol. Code-44 |