854-859

STREETS AND HIGHWAYS CODE
SECTION 854-859




854.  Whenever the commission shall deem it expedient to alter the
established grade of any State highway, or portion thereof, within a
city, the commission may by resolution declare its intention to alter
such established grade, in which resolution must be briefly
specified the grade to be established, together with a reference to a
place where a profile map or maps showing the new grade and the old
may be examined, and a place in the city where objections may be
presented. A copy of such profile map or maps shall be furnished to
the governing body having jurisdiction of any highway intersecting or
intercepting any affected portion of the State highway.



855.  Notice of such proposed change of grade shall be given by
posting and publication of such resolution. Publication shall be made
at least once a week for two consecutive weeks in a newspaper of
general circulation published in the city in which the portion of
State highway affected is located, or if there is no newspaper in
such city, then in a newspaper of general circulation published in
the county. If there is no newspaper in either the city or county,
notice by posting is sufficient. Notice by posting shall be given by
posting copies of the resolution, indicating thereon the date of the
first publication thereof, if any, in conspicuous places along the
portion of the highway affected at intervals of not to exceed 200
feet, and in the event such highway is intersected or intercepted by
other highways at least two of such notices shall be posted in each
block. In no event shall less than three copies of the notice be
posted. Postings shall be made within five days of the date of the
first publication, if any. Within five days after the same is posted,
a copy of such notice shall be furnished to the governing body
having jurisdiction of any such intersecting or intercepting highway.




856.  Within sixty days after the completion of posting, any person
may make and file at the place specified in said resolution his
written objection to such proposed change in grade, setting forth the
amount in which he claims that his interest in any real property
will be damaged if such change be completed. Such objections may be
filed by mailing them by registered mail, return receipt requested,
or by personal delivery to the address specified in the notice as the
place for presenting objections.
   Any person failing to file such written objection within such
sixty day period waives his right to compensation for any damage to
his property by such change of grade.



857.  After the expiration of such sixty day period, the commission
may by resolution officially change and reestablish the official
grade of said highway in accordance with such resolution of
intention.


858.  The department shall not make any change in the physical grade
of said highway affecting any property as to which an objection has
been filed until it has been finally determined by a court of
competent jurisdiction that the objection filed is without merit or
until the probable compensation has been deposited for each person
filing an objection as provided in Article 1 (commencing with Section
1255.010) of Chapter 6 of, or the amount of the award has been
deposited as provided in Article 2 (commencing with Section 1268.110)
of Chapter 11 of, Title 7 of Part 3 of the Code of Civil Procedure.



859.  In the event that such changed grade of a State highway fails
to meet the grade of any intersecting or intercepting highway, the
department is authorized and directed, at the same time, to do such
work as is necessary in order to cause such intersecting or
intercepting highway to meet the State highway at grade and to
restore it to its previous condition of surface, as near as may be.
The procedure set forth in this article for the change of grade of
the State highway in a city may be followed as to the portion of such
intersecting or intercepting highway, the grade of which is changed.
In lieu of, or in addition to, the above procedure mentioned in this
section, the department and the governing body having jurisdiction
over any such intersecting or intercepting highway may enter into a
cooperative agreement in respect to the doing of any work authorized
by this article, or the taking of any action in respect to such
intersecting or intercepting highway as may be authorized by law.