SHC § 5300
Where this section sits in the code
- Streets and Highways Code - SHC
- DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000. - 6794.]
- PART 3. PERFORMING THE WORK [5100. - 5954.]
- CHAPTER 13. General Provisions Relating to Assessments [5300. - 5305.]
Whenever a railroad, street, or interurban railroad right-of-way shall be included within any district to be assessed for the cost of any work provided in this division, such railroad right-of-way (whether it is owned in fee or as an easement) shall be included in the warrant, assessment, and diagram. Such railroad right-of-way shall be assessed only if, and to the extent that, it is found that it will benefit from the proposed improvement, and such railroad, street, or interurban railroad right-of-way shall be subject to sale for nonpayment of assessments as provided in this division. In determining whether or not such railroad right-of-way benefits its use as a right-of-way for a railroad shall be presumed to be permanent.
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