Code Civ. Proc., § 873.080 · Article 1. General Provisions
Code Civ. Proc., § 873.080
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) In selling or dividing the property, the referee may, if it will be for the advantage of those interested, designate a portion of the property as a public or private way, road, or street. In connection therewith, the referee may also recommend the closure of any or all other roads on the property and allocation of the portion of the property occupied by such roads to the parties.
(b) Upon making such a designation and recommendation that is adequate to accommodate public and private needs, the referee shall report that fact to the court.
(c) Upon confirmation of the referee’s report by the court, subject to any necessary action by the appropriate public entities:
(1) The portion of the property designated as a public way, road, or street shall not be allocated to any of the parties or sold but shall be an open and public way, road, or street.
(2) The property designated as a private way, road, or street shall be a private way for the use of the parties interested.
(3) The roads recommended to be closed shall be deemed abandoned upon the terms stated in the order of confirmation.
Notes and commentary — not statutory text
History
Added by Stats. 1976, Ch. 73.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=873.080.
- Text hash
- sha256 67a98f3bab11fcd948fa1ee949239087182f18e8c47249c3968e55a876f83a63
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.