2005 California Government Code Sections 54220-54232 Article 8. Surplus Land

GOVERNMENT CODE
SECTION 54220-54232

54220.  (a) The Legislature reaffirms its declaration that housing
is of vital statewide importance to the health, safety, and welfare
of the residents of this state and that provision of a decent home
and a suitable living environment for every Californian is a priority
of the highest order.  The Legislature further declares that there
is a shortage of sites available for housing for persons and families
of low and moderate income and that surplus government land, prior
to disposition, should be made available for that purpose.
   (b) The Legislature reaffirms its belief that there is an
identifiable deficiency in the amount of land available for
recreational purposes and that surplus land, prior to disposition,
should be made available for park and recreation purposes or for
open-space purposes.  This article shall not apply to surplus
residential property as defined in Section 54236.
   (c) The Legislature reaffirms its declaration of the importance of
appropriate planning and development near transit stations, to
encourage the clustering of housing and commercial development around
such stations.  Studies of transit ridership in California indicate
that a higher percentage of persons who live or work within walking
distance of major transit stations utilize the transit system more
than those living elsewhere.  The Legislature also notes that the
Federal Transit Administration gives priority for funding of rail
transit proposals to areas that are implementing higher-density,
mixed-use development near major transit stations.
54221.  (a) As used in this article, the term "local agency" means
every city, whether organized under general law or by charter,
county, city and county, and district, including school districts of
any kind or class, empowered to acquire and hold real property.
   (b) As used in this article, the term "surplus land" means land
owned by any agency of the state, or any local agency, that is
determined to be no longer necessary for the agency's use, except
property being held by the agency for the purpose of exchange.
   (c) As used in this article, the term "open-space purposes" means
the use of land for public recreation, enjoyment of scenic beauty, or
conservation or use of natural resources.
   (d) As used in this article, the term "persons and families of low
or moderate income" means the same as provided under Section 50093
of the Health and Safety Code.
   (e) As used in this article, the term "exempt surplus land" means
either of the following:
   (1) Surplus land which is transferred pursuant to Section 25539.4.
   (2) Surplus land which is (A) less than 5,000 square feet in area,
(B) less than the minimum legal residential building lot size for
the jurisdiction in which the parcel is located, or 5,000 square feet
in area, whichever is less, or (C) has no record access and is less
than 10,000 square feet in area; and is not contiguous to land owned
by a state or local agency which is used for park, recreational,
open-space, or low- and moderate-income housing purposes and is not
located within an enterprise zone pursuant to Section 7073 nor a
designated program area as defined in Section 7082.  If  the surplus
land is not sold to an owner of contiguous land, it is not considered
exempt surplus land and is subject to the provisions of this
article.
   (f) Notwithstanding subdivision (e), the following properties are
not considered exempt surplus land and are subject to the provisions
of this article:
   (1) Lands within the coastal zone.
   (2) Lands within 1,000 yards of a historical unit of the State
Parks System.
   (3) Lands within 1,000 yards of any property that has been listed
on, or determined by the State Office of Historic Preservation to be
eligible for, the National Register of Historic Places.
   (4) Lands within the Lake Tahoe region as defined in Section
66905.5.
54222.  Any agency of the state and any local agency disposing of
surplus land shall, prior to disposing of that property, send a
written offer to sell or lease the property as follows:
   (a) A written offer to sell or lease for the purpose of developing
low-and moderate-income housing shall be sent to any local public
entity as defined in Section 50079 of the Health and Safety Code,
within whose jurisdiction the surplus land is located.  Housing
sponsors, as defined by Section 50074 of the Health and Safety Code,
shall, upon written request, be sent a written offer to sell or lease
surplus land for the purpose of developing low- and moderate-income
housing.  All notices shall be sent by first-class mail and shall
include the location and a description of the property.  With respect
to any offer to purchase or lease pursuant to this subdivision,
priority shall be given to development of the land to provide
affordable housing for lower income elderly or disabled persons or
households, and other lower income households.
   (b) A written offer to sell or lease for park and recreational
purposes or open-space purposes shall be sent:
   (1) To any park or recreation department of any city within which
the land may be situated.
   (2) To any park or recreation department of the county within
which the land is situated.
   (3) To any regional park authority having jurisdiction within the
area in which the land is situated.
   (4) To the State Resources Agency or any agency which may succeed
to its powers.
   (c) A written offer to sell or lease land suitable for school
facilities construction or use by a school district for open-space
purposes shall be sent to any school district in whose jurisdiction
the land is located.
   (d) A written offer to sell or lease for enterprise zone purposes
any surplus property in an area designated as an enterprise zone
pursuant to Section 7073 shall be sent to the nonprofit neighborhood
enterprise association corporation in that zone.
   (e) A written offer to sell or lease for the purpose of developing
property located within an infill opportunity zone designated
pursuant to Section 65088.4 or within an area covered by a transit
village plan adopted pursuant to the Transit Village Development
Planning Act of 1994, Article 8.5 (commencing with Section 65460) of
Chapter 3 of Division 1 of Title 7 shall be sent to any county, city,
city and county, community redevelopment agency, public
transportation agency, or housing authority within whose jurisdiction
the surplus land is located.
   (f) The entity or association desiring to purchase or lease the
surplus land for any of the purposes authorized by this section shall
notify in writing the disposing agency of its intent to purchase or
lease the land within 60 days after receipt of the agency's
notification of intent to sell the land.
54222.3.  Section 54222 shall not apply to the disposal of exempt
surplus land as defined in Section 54221 by an agency of the state or
any local agency.
54223.  After the disposing agency has received notice from the
entity desiring to purchase or lease the land, the disposing agency
and the entity shall enter into good faith negotiations to determine
a mutually satisfactory sales price or lease terms.  If the price or
terms cannot be agreed upon after a good faith negotiation period of
not less than 60 days, the land may be disposed of without further
regard to this article.
54224.  Nothing in this article shall preclude a local agency,
housing authority, or redevelopment agency which purchases land from
a disposing agency pursuant to this article from reconveying the land
to a nonprofit or for-profit housing developer for development of
low- and moderate-income housing as authorized under other provisions
of law.
54225.  Any public agency selling surplus land to an entity
described in Section 54222 for park or recreation purposes, for
open-space purposes, for school purposes, or for low- and moderate-
income housing purposes may provide for a payment period of up to 20
years in any contract of sale or sale by trust deed of such land.
54226.  Nothing in this article shall be interpreted to limit the
power of any agency of the state or any local agency to sell or lease
surplus land at fair market value or at less than fair market value,
and nothing in this article shall be interpreted to empower any
agency of the state or any local agency to sell or lease surplus land
at less than fair market value.  No provision of this article shall
be applied when it conflicts with any other provision of statutory
law.
54227.  In the event that the state or any local agency disposing of
surplus land receives offers for the purchase or lease of such land
from more than one of the entities to which notice and an opportunity
to purchase or lease shall be given pursuant to this article, the
state or local agency shall give first priority to the entity which
agrees to use the site for housing for persons and families of low or
moderate income, except that first priority shall be given to an
entity which agrees to use the site for park or recreational purposes
if the land being offered is already being used and will continue to
be used for park or recreational purposes, or if the land is
designated for park and recreational use in the local general plan
and will be developed for that purpose.
54230.  The board of supervisors of any county may establish a
central inventory of all surplus governmental property located in
such county.
54230.5.  The failure by the state or a local agency to comply with
the provisions of this article shall not invalidate the transfer or
conveyance of real property to a purchaser or encumbrancer for value.
54231.  Land acquired by a local agency for highway purposes through
the expenditure of funds allocated pursuant to Chapter 3 (commencing
with Section 2100) of Division 3 of the Streets and Highways Code
may be retained by the local agency, or transferred to another local
agency, for public park and recreational purposes if the land is no
longer necessary for highway purposes, and if the local agency having
jurisdiction over such land determines that the use of such land for
public park and recreational purposes is the highest and best use of
the land.
54232.  Land retained or transferred for public park and
recreational purposes pursuant to Section 54231 shall be developed
within 10 years, and shall be used for at least 25 years, following
such retention or transfer for such purposes in accordance with the
general plan for the city or county in which the land is located.
Otherwise, the land shall be sold by the local agency, and the funds
received from the sale shall be used for highway purposes.  If the
land originally had been transferred for such purposes, it shall
revert to the original acquiring local agency for such sale.


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