1050-1054

STREETS AND HIGHWAYS CODE
SECTION 1050-1054




1050.  For the purposes of this chapter, "private byroads" are roads
opened, laid out, or altered for the purpose of providing access to
parcels of contiguous private land of more than 100 acres which have
been cut off by a change in the course of a navigable stream. Except
as provided in this chapter, private byroads may be opened, laid out,
or altered for the necessity of one or more residents or landowners
of any road district in the same manner, and using the same
procedure, as specified for the opening, laying out, or altering of
public roads as provided in Article 3 (commencing with Section 1160)
of Chapter 4; provided, however, that only one petitioner is
necessary.


1051.  The petitioner shall be a landowner in the road district.



1052.  The petitioner shall accompany the petition with a bond,
approved by the board of supervisors, in double the amount of the
probable cost of the proceedings, including the market value for land
taken and any severance damage resulting from the taking, and shall
be conditioned that the petitioner will pay all costs of the
proceedings, including any compensation which may be awarded to any
landowner. The bond shall be further conditioned that the petitioner
will pay to the person over whose land the private byroad is sought
to be opened or altered, the necessary costs and disbursements in
contesting the opening or alteration of the private byroad, in case
the petition is not granted or the private byroad is finally not
opened or altered.



1053.  The board of supervisors may, by resolution, order the
private byroad to be opened, laid out, or altered. The clerk shall
cause such order to be recorded in the office of the county recorder
within five days, naming the owner of the dominant tenement as
"grantee" and the owner of the servient tenement as "grantor."




1054.  The person for whose benefit the private byroad is required
shall pay the landowner the market value for land taken and any
severance damage resulting from such taking and shall build and
maintain the private byroad.