A lease to commence at a time certain or upon the happening of a future event becomes invalid if its term does not actually commence in possession within 30 years after its execution.
Article 3Duration of Leases
Section § 715
If a lease is set to start at a specific time or after a future event, it becomes void if the lease period doesn't actually begin within 30 years from when it was signed.
lease commencement future event invalid lease term commencement 30 years limit possession start lease execution date specific start time lease timeframe void lease conditions possession commencement lease validity scheduled start date
Section § 717
This law says that if you lease or grant land for farming or gardening for more than 51 years, and it includes any kind of rent or service obligation, that lease or grant won't be legally valid.
No lease or grant of land for agricultural or horticultural purposes for a longer period than 51 years, in which shall be reserved any rent or service of any kind, shall be valid.
lease agreement land lease agricultural lease horticultural purposes rent reservation service obligation long-term lease lease validity 51-year limit grant of land farming lease gardening lease non-valid lease land use lease restrictions
Section § 718
This law sets time limits on how long certain types of land owned by cities and municipalities can be leased out. Generally, city and town lots can't be leased for more than 99 years if they involve any rent or service. Municipal lands can be leased for up to 55 years, while lands not bought for parks and used for extracting resources like oil or gas can be leased for 35 years. Tidelands or submerged lands granted by the state and used by cities can be leased for up to 66 years, usually for industrial or harbor-related developments.
No lease or grant of any town or city lot, which reserves any rent or service of any kind, and which provides for a leasing or granting period in excess of 99 years, shall be valid. The property owned by, or that held by, or under the management and control of, any municipality, or any department or board thereof, may be leased for a period not to exceed 55 years. The property of any municipality not acquired for park purposes may, for the purpose of producing, or effecting the production of minerals, oil, gas or other hydrocarbon substances, be leased for a period not to exceed 35 years. Any tidelands or submerged lands, granted to any city by the State of California,
may be leased for a period not to exceed 66 years unless the grant from the state of the use thereof provides specifically the term for which said lands may be leased. Tidelands and submerged lands owned or controlled by any city, together with the wharves, docks, piers and other structures or improvements thereon, and so much of the uplands abutting thereon as, in the judgment of the city council, or other governing body, of said city, may be necessary for the proper development and use of its waterfront and harbor facilities, may be leased for a period not to exceed 66 years. Said tidelands, submerged lands and uplands may be so leased only for industrial uses, the improvement and development of any harbor, or harbors, of said city, the construction and maintenance of wharves, docks, piers or bulkhead piers, or any other public use or purpose consistent with the requirements of commerce or navigation at, or in, any such harbor or harbors.
lease duration municipal lands tidelands submerged lands resource extraction harbor development city lots 55-year limit 35-year lease 66-year lease industrial use wharves docks piers navigation
Section § 718f
This law section says that when someone leases land specifically to produce natural resources like minerals, oil, or gas from nearby lands, the lease can have a set duration or be tied to a future event. However, such leases cannot be valid for more than 99 years from when they start.
A lease of land for the purpose of effecting the production of minerals, oil, gas, or other hydrocarbon substances from other lands may be made for a period certain or determinable by any future event prescribed by the parties but no such lease shall be enforceable after 99 years from the commencement of the term thereof.
lease of land production of minerals oil and gas lease hydrocarbon substances land lease duration lease term limit 99-year lease rule resource extraction future event termination mineral lease agreement
Section § 719
In California, cities can lease property for up to 99 years, exceeding the usual 55-year limit, if they follow certain rules. The lease must be reviewed periodically with market conditions in mind. A city must pass an ordinance for such leases and hold a public hearing with proper notice. Leases are awarded through competitive bidding to whoever offers the best economic return. Some rules don't apply to charter cities or specific types of leases like parkland or resource extraction.
Notwithstanding the 55-year limitation imposed by Section 718, property owned by, or held by, or under the management and control of, any city, or any department or board thereof, may be leased for a period which exceeds 55 years but does not exceed 99 years, if all of the following conditions are met:
(a)CA Civil Law Code § 719(a) The lease shall be subject to periodic review by the city and shall take into consideration the then current market conditions. The local legislative body may, prior to final execution of the lease, establish the lease provisions which will periodically be reviewed, and determine when
those provisions are to be reviewed.
(b)CA Civil Law Code § 719(b) Any lease entered into by any city pursuant to this section shall be authorized by an ordinance adopted by the legislative body. The ordinance shall be subject to referendum in the manner prescribed by law for ordinances of cities.
(c)CA Civil Law Code § 719(c) Prior to adopting an ordinance authorizing a lease, the legislative body shall hold a public hearing. Notice of the time and place of the hearing shall be published pursuant to Section 6066 of the Government Code, in one or more newspapers of general circulation within the city and shall be mailed to any person requesting special notice, to any present tenant of the public property, and to all owners of land adjoining the property.
(d)CA Civil Law Code § 719(d) Any lease shall be awarded to the bidder which, in the determination of the legislative body, offers the
greatest economic return to the city, after competitive bidding conducted in the manner determined by the legislative body. Notice inviting bids shall be published pursuant to Section 6066 in one or more newspapers of general circulation within the city.
(e)CA Civil Law Code § 719(e) The provisions of subdivisions (b), (c), and (d) of this section do not apply to any charter city, which may utilize a procedure as specified by charter or adopted by ordinance in accordance with its charter.
(f)CA Civil Law Code § 719(f) This section shall not apply to leases of property acquired for park purposes; to leases for the purpose of producing mineral, oil, gas, or other hydrocarbon substances; nor to leases of tidelands or submerged lands or improvements thereon.
city property leases 99-year lease periodic review market conditions ordinance requirement public hearing notice publication competitive bidding economic return charter city exception park purposes exemption mineral leases tidelands submerged lands
