If Access Will Be Restricted, Be Sure to Review the Plans

Where there is a proposed partial taking from a larger parcel, the proposed project plans should show any restriction of access to the remainder required by the project. Where access will either be taken (extinguished) or partially restricted, agency staff or counsel should be certain the description clearly describes the access taking and that the parcel map pictorially displays the restriction of access.

Similarly, where project design staff advises that it is necessary to take access along only a portion of the street frontage of the remainder, agency staff or counsel should confirm the description of the taking clearly reserves to the remainder whatever limited access is left upon project completion. 

Where a project will bisect a larger parcel leaving remainders on both sides of the project, and project design staff will permit the common owner of the remainders to connect them by easements under or over the project, agency staff or counsel should confirm the description of the taking in the project plans reflects this intent by clearly reserving this right to the common owner of the remainders subject to whatever restrictions or reasonable approvals may be required by engineering design staff.  Similarly, any other project features that mitigate the damage or provide benefit to the remainder (including, among other things, easements, crossings, underpasses, new access roads, fencing, drainage facilities, and cattle guards) should be adequately depicted in the project plans.  See Code Civ. Proc. § 1263.450.

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