Streets and Highways Code section 104.7

(a)

Unless otherwise provided by statute, when requested by a city, county, or special district, the department shall provide information regarding, and shall lease, unoccupied, unimproved property that is held for future highway purposes to the city, county, or special district within which the property is located. The city, county, or special district may use the leased property first for agricultural and community garden purposes, and second for recreational purposes, on terms and conditions not unreasonably inhibiting the use of the property, including, but not limited to, assumption of liability and installation and removal of improvements. The lease shall be for one dollar ($1) per year for not less than one year and shall be renewable.

The city, county, or special district may sublease the property for agricultural or recreational purposes upon prior written notification to the department, and may proceed with the sublease unless disapproved by the department within 10 working days after the notice is sent to the department. The first priority for a sublease shall be given to the owner of property contiguous to the leased land.

In a sublease of the property, the city, county, or special district may charge rental fees at least sufficient to pay its administrative costs. All money received by the city, county, or special district under a sublease, less administrative costs, shall be transmitted to the department for deposit in the State Highway Account.

(b)

Unoccupied, unimproved property that has commercial, industrial, or residential use as its most feasible or best use, as determined by the department, is not subject to this section.

(c)

The Legislature finds and declares that the lease of unoccupied, unimproved property pursuant to this section serves a public purpose.

Source: Section 104.7, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=SHC§ionNum=104.7. (accessed Apr. 24, 2025).

90
90.1
91
91.2
91.4
91.5
91.6
91.8
91.9
91.41
91.42
91.43
92
92.1
92.2
92.3
92.4
92.5
92.6
93
94
94.3
94.4
95
95.5
95.6
96
97
97.01
97.1
100
100.1
100.2
100.3
100.5
100.6
100.7
100.9
100.15
100.21
100.22
100.25
100.45
100.51
101
101.1
101.2
101.3
101.4
101.5
101.6
101.7
101.8
101.9
101.10
101.11
101.12
101.13
101.14
101.15
101.18
101.19
102
103
103.5
103.65
104
104.1
104.2
104.3
104.4
104.5
104.6
104.7
104.8
104.9
104.10
104.11
104.12
104.13
104.15
104.16
104.17
104.18
104.19
104.21
104.22
104.24
104.25
104.26
104.30
105
106
107
108
109
109.5
110
111
111.5
112
113
113.5
114
114.5
115
116
117
118
118.1
118.5
118.6
118.7
118.8
118.9
119
120
121
122
123
123.5
124
124.1
125
126
126.1
126.2
126.3
127
128
129
130
130.1
130.2
130.5
131
131.1
131.5
132
133
134
134.5
135
135.3
135.4
135.5
135.6
135.7
136
136.1
136.5
136.6
137
137.6
138
139
140
140.3
140.5
141
142
143
143.1
143.2
144
144.5
145
146
146.5
147
148
148.1
149
149.1
149.2
149.3
149.4
149.5
149.6
149.7
149.8
149.9
149.10
149.11
149.12
149.13
150
151
152
153
154
154.1
155
155.5
155.6
155.7

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary