California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10.5 — Partition of Real and Personal Property, Chapter 4 — Referees, Article 1 — General Provisions, Section 873.080
(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
Allows a referee, when advantageous to interested persons, to designate public or private roads and recommend other roads be closed and allocated, then report to the court. After confirmation and required public-entity action, public ways remain open and are not sold or allocated, private ways serve interested parties, and approved closures are deemed abandoned on the order’s terms.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 873.080 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10-5/chapter-4/article-1/section-873-080