Public utilities: eminent domain: just compensation.

(1) Existing law, the Eminent Domain Law, authorizes a public entity to exercise the power of eminent domain to acquire property for a public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated, as specified. Existing law specifies that if property has been appropriated to public use by any person other than a public entity, the use of the property by a public entity for the same or any other public use is a more necessary use than the current use. Existing law also specifies that if property that has been appropriated to a public use is electrical, gas, or water public utility property, as defined, that the public entity intends to put to the same use, the presumption of a more necessary use is a rebuttable presumption affecting the burden of proof, except as specified. This bill would exempt from that rebuttable presumption property that has been appropriated to a public use that is electrical or gas public utility property within the Pacific Gas and Electric Company service area. (2) Existing law authorizes a public entity to exercise the power of eminent domain only if it has adopted a resolution of necessity, as specified. Under existing law, a resolution of necessity adopted by the governing body of a public entity conclusively establishes that, among other matters, the public interest and necessity require the project. Existing law specifies that, if a taking is by a local public entity and the property is electrical, gas, or water public utility property, the resolution of necessity creates a rebuttable presumption that those matters are true. This bill would provide that, if a taking is by a local public entity within the Pacific Gas and Electric Company service area and the property is electrical or gas public utility property, the resolution of necessity instead conclusively establishes those matters. (3) Existing law vests the Public Utilities Commission with re