High-Speed Rail Authority: property: operating right-of-way

The law gives the authority tools to control work, access, water management, and damage along active high-speed rail property. Unauthorized encroachments and willful damage can trigger criminal, civil, and removal consequences.

What the law does ​

• Requires permits for new installations and qualifying work in the authority’s operating right-of-way, subject to protected agreements and emergency exceptions.
• Requires the authority to review complete permit applications within 60 days, while guaranteeing permits for public agencies with qualifying property interests, subject to reasonable conditions.
• Allows permit terms requiring restoration, insurance, bonds, inspections, and removal or relocation of encroachments at the permittee’s expense.
• Makes unpermitted encroachments and willful damage to the rail system or right-of-way misdemeanors.
• Authorizes removal of unsafe or obstructive encroachments, recovery of removal and repair costs, and civil penalties of $5,000 per day for continuing violations.
• Prohibits damaging water drainage, obstruction, seepage, or overflow affecting the rail system or right-of-way, and imposes liability for resulting repairs and continuing violations.
• Deposits permit fees and most penalties into the High-Speed Rail Property Fund for program administration and, upon legislative appropriation, rail-system development, improvement, and maintenance.

Who it affects ​

• Utilities, businesses, landowners, contractors, and others seeking to install facilities or perform work in the operating right-of-way.
• Cities, counties, public agencies, and property-interest holders whose facilities or work cross or affect high-speed rail property.
• People who enter, damage, alter vegetation, or manage water in ways that affect the operating right-of-way.
• The High-Speed Rail Authority, the Attorney General, and law-enforcement officers enforcing the rules.

Context ​

The Public Utilities Commission’s authority, and applicable federal railroad authorities’ powers, prevail if they conflict with this law.