Re-Open Rambla, Inc. v. Board of Supervisors
Opinion
Opinion
Ortega, J.
A portion of Rambla Pacifico Road in what is now the City of Malibu (City) and earlier was within the County of Los Angeles (County) was blocked by earth movement and closed by the County in 1984. Re-Open Rambla, Inc. (ROR), whose members include affected homeowners, wants the Road reopened but first must determine who owns the portion lying within the City, incorporated in 1991. The City asserts the Road is owned by the County; the County claims it is owned by the City. The question turns on interpretation of sections 989 and 1806 of the Streets and Highways Code, based on which we conclude that the City owns the governmental interest in the Road. We reverse the summary judgment which determined that the County owned the Road.
Background
The relevant facts are undisputed. The Legislature amended section 941 in 1955 and enacted Streets and Highways Code section 1806 in 1957. (Stats. 1957, ch. 1397, § 1, p. 2731.) As enacted, and until January 1, 1992, section 1806 provided that no street or road would become a city street or road until the city’s governing body, by resolution, accepted it. The amendment to section 941 included a similar provision concerning acceptance…