Rights-of-way,
easements or other interests which cannot ripen into a fee, except
those owned by a public entity or public utility. If, however, the
board determines that division and development of the property in
the manner set forth on the approved or conditionally approved tentative
map will not unreasonably interfere with the free and complete exercise
of the public entity or public utility right-of-way or easement, the
signature of the public entity or public utility may be omitted. Where
such determination is made, the subdivider shall send, by certified
mail, a sketch of the proposed final map, together with a copy of
this section, to any public entity or public utility which has previously
acquired a right-of-way or easement.
If the public entity or utility objects to either (a) recording
the final map without its signature; or (b) the determination of the
board that the division and development of the property will not unreasonably
interfere with the full and complete exercise of its right-of-way
easement, it shall so notify the subdivider and the board within thirty
days after receipt of the materials from the subdivider.
If the public entity or utility objects to recording the final
map without its signature, the public entity or utility so objecting
may affix its signature to the final map within thirty days of filing
its objection with the board.
If the public entity or utility either (a) does not file an
objection with the board; or (b) fails to affix its signature within
thirty days of filing its objection, to recording the map without
its signature, the clerk may record the final map without such signature.
If the public entity or utility files an objection to the determination
of the board that the division and development of the property will
not unreasonably interfere with the exercise of its right-of-way or
easement, the board shall set the matter for public hearing to be
held not less than ten nor more than thirty days of receipt of the
objection. At such hearing, the public entity or public utility shall
present evidence in support of its position that the division and
development of the property will unreasonably interfere with the free
and complete exercise of the objector's right-of-way or easement.
If the board finds, following the hearing, that the development
and division will in fact unreasonably interfere with the free and
complete exercise of the objector's right-of-way or easement, it shall
set forth those conditions whereby such unreasonable interference
will be eliminated and upon compliance with such conditions by the
subdivider, the final map may be recorded with or without the signature
of the objector. If the board finds that the development and division
will in fact not unreasonably interfere with the free and complete
exercise of the objector's right-of-way or easement, the final map
may be recorded without the signature of the objector, notwithstanding
its objections thereto.
Failure of the public entity or public utility to file an objection
pursuant to this section shall in no way affect its rights under a
right-of-way or easement.