ARTICLE I. CONSTRUCTION OF TOLL ROADS. SECTION 2779. Notice of and application to construct the road. 2780. Special meeting of Supervisors. 2781. Hearing the application. 2782. Action of Supervisors. 2783. Commissioners, how appointed for other counties and 2784. Laying out the road. 2785. Compensation of Commissioners, map and report. 2787. Acquiring lands by grant. 2788. Appropriation of damages for highways taken. 2789. Application, when unnecessary. 2790. Orchards and gardens. 2791. Bridging streams. 2792. One road corporation using the road-bed of another. 2793. How to be constructed. 2794. May relay with what. 2795. Milestones and posts. 2796. Guide posts. 2797. Inspection, certificate, and completion. 2798. Erection of gates, etc. 2799. Abandonment of road, and what becomes of it. 2800. County may purchase road, how. 2801. How the appraisement and award is made, and its effect. and to construct the road." 2779. If all lands necessary for the road-bed and Notice of other purposes are not otherwise acquired as herein- application after provided, the company proposing to construct a toll road through any part of a county must publish a notice in some newspaper published therein, and if none, then in the newspaper nearest thereto, once in each week for six successive weeks, specifying the character of the road, the termini, and each town, city, or village through which it is proposed to construct it, and the time when the application hereinafter required will be made. After such notice is complete, on the day specified therein, application must be made to the Board of Supervisors of the county for authority to Special meeting of take the necessary land and to construct the road described in the notice. NOTE.-Stats. 1853, p. 169, Secs. 2, 3; 1869–70, p. 885, Sec. 4; see Civil Code Cal., Vol. I, Secs. 512-523, inclusive; Wood vs. Truckee T. Co., 24 Cal., p. 474; Bartram vs. Central T. Co., 25 Cal., p. 283; El Dorado Co. vs. Davidson, 30 Cal., p. 520. 2780. On application therefor the President of the Supervisors Board of Supervisors may call a special meeting to hear the application, ten days notice thereof being served on each of the other Supervisors, either personally or by leaving it at his place of residence if absent; the expense of such special meeting and serving notices must be paid by the applicant. Hearing the application. Action of Supervisors. Commis sioners, how appointed NOTE.-Stats. 1853, p. 114, Sec. 2. 2781. On the hearing all residents of the county and others interested may appear and be heard. The Board may take testimony, or authorize it to be taken by any officer of the county, and adjourn the hearing from time to time. 2782. If it appears to the Board of Supervisors that the public interests will be promoted thereby, a majority of all the members thereof may grant the application, and by order authorize the company to take the real property necessary, and appoint two Commissioners to lay out the road, who are disinterested either in the company or in any land sought to be taken or adjoining thereto. A copy of this order must be recorded in the County Clerk's office before action under it is had. NOTE.-Stats. 1853, p. 171, Sec. 15; 1853, p. 114, Sec. 2. 2783. If the route extends into more than one county the application must specify their names, and the Board of Supervisors of each of such counties poration. must appoint Commissioners to act in their respective for other counties and by cor counties with the Commissioner and surveyor of the company. The company must appoint one Commissioner of like qualification as those appointed by the Board of Supervisors, and furnish a surveyor to accompany and act with them. NOTE.-Stats. 1853, p. 114, Sec. 2. the road. 2784. The Commissioners must take the oath of Laying out office, and view and lay out the road as in their judgment will best promote the public interest. They must hear all persons interested, and may take testimony; they may determine the breadth of the way, not exceeding one hundred feet, except where the company acquire a greater breadth by grant. They must make, sign, and certify an accurate survey and description of the route and of the land necessary for the road, buildings, and gates in each county, and record the same in the office of the County Clerk thereof. When the breadth of the road is not fixed by the Commissioners it may be fixed by the Commissioner of Highways or the Board of Supervisors of the county. NOTE.-Stats. 1853, p. 171, Sec. 15; Stats. 1869-70, p. 885, Sec. 4; N. Y. P. C., Sec. 614, modified. tion of sioners, report. 2785. The company must pay to each Commis- Compensasioner his expenses and four dollars a day for his Commisservices; cause their surveyor to make the map of map and the proposed road, which, when approved and certified by the Commissioners, must be filed with the report in the office of the Clerk of the Board of Supervisors and recorded. and 2786. The Directors of any such company may, Branches with the written consent of the holders of two thirds extensions. of the stock, proceed in the manner prescribed by the preceding seven sections to construct branches to their road, or to extend it or alter any part of its route or branches. 66-VOL. I. 2787. Lands necessary for the purposes of the road or appurtenances may be acquired by purchase or condemnation. Lands within any highway may be granted by the Board of Supervisors or town or city authorities on such terms and for such sums as may be agreed upon. 2788. When the road company desires the exclusive use of lands forming part of a highway, and such use is granted by the Supervisors, the damages received therefor are to be paid to the Road Fund of the road district in which the same is situated. NOTE.-Stats. 1869-70, p. 886, Sec. 8. See Secs. 512523, Civil Code Cal., Vol. I. 2789. When the company has obtained all the lands necessary in any county, by purchase or agreement, the road may be constructed without making the application to the Board of Supervisors hereinbefore provided for; but before proceeding to do so an accurate survey of such part of the road must be made by a practical surveyor, signed and sworn to by the President and Secretary, and recorded in the County Clerk's office; and if the road extends into another county, authority to construct the road there must be first obtained. NOTE.-Stats. 1869-70, p. 886, Sec. 8. 2790. No such road must be laid out through any orchard of four years growth, to the injury of the fruit trees, or any garden of four years cultivation, or any dwelling house or building connected with a dwellinghouse, or any yard or inclosure necessary thereto, without the consent of the owner. NOTE.-Stats. 1853, p. 171, Sec. 16. 2791. The road company may bridge any stream or river on the route of their road, when not within the limits prescribed by law for the erection and main tenance of any other bridge; and in bridging streams NOTE.-Stats. 1853, p. 173, Sec. 18; N. Y. P. C., 2792. No plankroad company must construct its road on the road of another company, except in case of crossings, without consent of the latter. 2793. Every such road must be laid out at least fifty feet wide. The track of plank roads must be constructed eighteen feet wide, of timber, plank, or other hard material. The track of turnpikes must be bedded with stone, gravel, or such other hard material found on the line thereof, to the width of eighteen feet, and faced with broken stone or gravel. The common wagon road must be graded at least twelve feet in width, and so constructed with necessary turnouts as to permit vehicles to pass each other conveniently. All the roads must be ditched on the sides when practicable, and have proper and necessary sewerage, and be so constructed that vehicles may pass on and off the track at all intersections of roads. One road using the corporation road-bed of another. How to structed. be con with what. 2794. Every company that has once laid their road May relay with plank may relay it or any part of it with broken stone, gravel, shells, or other hard material whereby they keep a good, substantial road. and posts. 2795. A milestone or post must be maintained at Milestones every mile, with an inscription showing the distance from the commencement of the road. If the road commences at the end of any other road or intersects therewith, having milestones or posts on which the distance from any city or town is marked, a continuation of that distance must also be inscribed. |