2007 California Public Resources Code Article 2. Conservation Lands Acquisition Procedures .. 5096.511-5096.516

CA Codes (prc:5096.511-5096.516)

5096.511.  Prior to any action by an acquisition agency to approve a
major acquisition of conservation lands, the acquisition agency
shall contract for at least one independent appraisal of the fair
market value of the land.  The appraisal shall be conducted by a
qualified member of the Appraisal Institute who is licensed pursuant
to Part 3 (commencing with Section 11300) of Division 4 of the
Business and Professions Code.  The appraisal shall be prepared
pursuant to the Uniform Standards of Professional Appraisal Practice.



5096.512.  (a) In addition to the review by the Department of
General Services pursuant to Section 1348.2 of the Fish and Game
Code, the appraisal prepared pursuant to Section 5096.511 shall be
reviewed by a qualified independent appraiser retained by the
acquisition agency for this purpose, and who meets the following
conditions:
   (1) The review appraiser did not conduct the appraisal pursuant to
Section 5096.511 and has no financial interest in the major
acquisition.
   (2) The review appraiser is licensed pursuant to Part 3
(commencing with Section 11300) of Division 4 of the Business and
Professions Code.
   (b) The review appraiser shall review the appraisal and prepare an
appraisal review report that does all of the following:
   (1) Summarizes the appraisal.
   (2) States the basis on which the value of the land was
established.
   (3) Describes the standards used to prepare the appraisal.
   (4) Determines whether or not the appraisal meets the standards
established under the Uniform Standards of Professional Appraisal
Practice.
   (c) The appraisal review report need not include any proprietary
information provided by or on behalf of the seller or that is
otherwise exempt from public disclosure pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
   (d) (1) If a major acquisition of conservation lands will be
approved by more than one acquisition agency and each acquisition
agency complies with paragraph (2), not more than one independent
appraisal is required pursuant to Section 5096.511, and not more than
one appraisal review report is required pursuant to this section.
   (2) Paragraph (1) is applicable if each acquisition agency does
all of the following:
   (A) Utilizes the independent appraisal and appraisal review
report, as required by this chapter.
   (B) Makes an independent determination of whether to approve the
major acquisition of conservation lands.
   (C) Complies with all of the public disclosure and independent
review requirements of this chapter.



5096.513.  Not less than 30 calendar days prior to holding a public
hearing for the purpose of authorizing a major acquisition of
conservation lands, an acquisition agency shall make available for
public review information, except information that is exempt from
being disclosed pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) all of, that includes, but is not limited to,
the following:
   (a) A copy of the independent appraisal review prepared pursuant
to Section 5096.512.
   (b) A summary of the basis for the recommendation of approval for
the major acquisition of the land made by the acquisition agency.
   (c) Any relevant environmental studies, documents, or other
information.


5096.514.  Not more than 10 working days after the close of escrow
for a major acquisition of conservation land by an acquisition
agency, the acquisition agency shall make available to the public all
of the following information, unless it is exempt from being
disclosed pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code):
   (a) A copy of the appraisal for the conservation land approved by
the Department of General Services, and from which fair market value
was determined.
   (b) A copy of all other documents relevant to the purchase of the
conservation land, including, but not limited to, environmental
assessments or other documents not already disclosed pursuant to
Section 5096.513.


5096.515.  The procedures and requirements established pursuant to
this chapter are in addition to, and do not amend, modify, or
supplant, any procedures or requirements established pursuant to the
Water Security, Clean Drinking Water, Coastal and Beach Protection
Act of 2002 (Division 26.5 (commencing with Section 79500) of the
Water Code) or the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696
(commencing with Section 5096.600)), for the acquisition of
conservation lands.


5096.516.  (a) Except as provided in subdivision (c), conservation
lands may not be sold to another owner, or have possession and
control transferred to another agency, unless all of the following
occur:
   (1) The selling or transferring agency prepares and makes
available to the public a detailed report that identifies why the
conservation lands no longer serve a needed conservation purpose.
   (2) The selling or transferring agency holds a duly noticed public
hearing to accept public comment on the proposed sale or transfer of
conservation lands.
   (3) After compliance with paragraphs (1) and (2), the selling or
transferring agency finds, based on substantial evidence, that the
property no longer serves a needed conservation purpose.
   (4) The sale or transfer of the land is authorized or approved as
part of the annual Budget Act or pursuant to specific legislation
authorizing the sale or transfer.
   (b) Proceeds from the sale or transfer of conservation lands shall
be used solely for one or more of the following purposes:
   (1) The acquisition of conservation lands to achieve the same or
equivalent objectives as the original acquisition of the property
that was sold or transferred.
   (2) To further the purposes of Division 21 (commencing with
Section 31000).
   (3) The acquisition of wildlife habitat to further the purposes of
the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with
Section 1300) of Division 2 of the Fish and Game Code).
   (4) The acquisition of wildlife habitat to further the purposes of
Article 2 (commencing with Section 1410) of Chapter 4.3 of Division
2 of the Fish and Game Code.
   (c) This section does not apply to any of the following:
   (1) The sale or transfer of conservation lands solely for the
purpose of boundary adjustments or consolidation of property
ownership.
   (2) The sale or transfer of lands subject to a conservation
easement to keep lands in agricultural production.
   (3) The sale or transfer to other public agencies or nonprofit
organizations to improve conservation management, public access,
historic preservation, or to protect or enhance the biological value
of conservation lands.
   (4) The sale or transfer of conservation lands by the State
Coastal Conservancy when the sale or transfer of interests in land is
provided for, consistent with Division 21 (commencing with Section
31000), at the time of acquisition of real property.
   (5) The exchange of conservation lands for land of greater
biological value as wildlife habitat.
   (6) The sale or transfer of conservation lands that have a fair
market value of less than one million dollars (,000,000).
   (d) The requirements imposed by this section are in addition to
any other requirements imposed by law or regulation.