If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. (c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. (b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom unlawfully dumps litter on property or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. (2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. (b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. ![]() ![]() If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,commits the offense of trespass on property other than a structure or conveyance. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. E to application.(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:ġ. The sales price has not been contested in this proceeding, and we believe it is reasonable consideration for property appurtenant to a major transmission line and over which easements are reserved. The appraisal concluded that the market value, given uncertainties related to the lot-line adjustment and "remnant parcel status," was $40,000. 14 The appraisal, performed in August 2000, was based on a sales comparison methodology. Kaeuper & Company, commercial real estate appraisers and consultants located in San Francisco. The sales price of $40,000 is based on the appraisal of J. We are convinced that the proposed conveyance will result in a more efficient utilization of utility assets and is not injurious to public rights. If the conveyance is approved, the property can be removed from the transmission rate base and PG&E will avoid ongoing tax payments, maintenance expenses, and potential liability for accidents on the property. By reserving an easement for transmission purposes, PG&E can continue and maintain the existing transmission line and make future modifications or improvements as necessary. ![]() The applicants recite specific benefits to the public interest as the result of the proposed conveyance. 12 We have continually asserted our Section 851 jurisdiction over transmission facilities (such as the property here) that are subject to FERC's jurisdiction-even when FERC's approval under Section 203 of the Federal Power Act must also be secured. ![]() 10 In reviewing a Section 851 application, the Commission may "take such action, as a condition to the transfer, as the public interest may require." 11 The public interest is served when utility property is used for other productive purposes without interfering with the utility's operation or affecting service to utility customers. We have generally required a public utility to demonstrate that a proposed transfer would not be adverse to the public interest. line, plant, system, or other property necessary or useful in the performance of its duties to the public. Section 851 provides that no public utility shall sell "the whole or any part of its. D0312056 Granted Approval Under Section 851 to Convey Transmission-Related Property.
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