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California Public Resources Code Section 25528

Legal Research Home > California Lawyer > Public Resources Code > California Public Resources Code Section 25528

(a) The commission shall require, as a condition of
certification of any site and related facility, that the applicant
acquire, by grant or contract, the right to prohibit development of
privately owned lands in the area of the proposed site which will
result in population densities in excess of the maximum population
densities which the commission determines, as to the factors
considered by the commission pursuant to Section 25511, are necessary
to protect public health and safety.
   If the applicant is authorized to exercise the right of eminent
domain under Article 7 (commencing with Section 610) of Chapter 3 of
Part 1 of Division 1 of the Public Utilities Code, the applicant may
exercise the right of eminent domain to acquire such development
rights as the commission requires be acquired.
   (b) In the case of an application for a nuclear facility, the area
and population density necessary to insure the public's health and
safety designated by the commission shall be that as determined from
time to time by the United States Nuclear Regulatory Commission, if
the commission finds that such determination is sufficiently
definitive for valid land use planning requirements.
   (c) The commission shall waive the requirements of the acquisition
of development rights by an applicant to the extent that the
commission finds that existing governmental land use restrictions are
of a type necessary and sufficient to guarantee the maintenance of
population levels and land use development over the lifetime of the
facility which will insure the public health and safety requirements
set pursuant to this section.
   (d) No change in governmental land use restrictions in such areas
designated in subdivision (c) of this section by any government
agency shall be effective until approved by the commission.  Such
approval shall certify that the change in land use restrictions is
not in conflict with requirements provided for by this section.
   (e) It is not the intent of the Legislature by the enactment of
this section to take private property for public use without payment
of just compensation in violation of the United States Constitution
or the Constitution of California.

Last modified: January 12, 2009