This law allows school districts to sell or lease property they own if it's not needed for classrooms. They can lease the property for up to 99 years, and they don't need to hold a public vote before doing so. The process for selling or leasing is outlined in the law.
The governing board of any school district may sell any real property belonging to the school district or may lease for a term not exceeding 99 years, any real property, together with any personal property located thereon, belonging to the school district which is not or will not be needed by the district for school classroom buildings at the time of delivery of title or possession. The sale or lease may be made without first taking a vote of the electors of the district, and shall be made in the manner provided by this article.
school district property sale property lease real property 99-year lease school property management real estate transaction educational property district governing board classroom buildings real estate without public vote
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows a school district to sell or lease its property without following certain regulations if certain conditions are met. The property must be sold or leased to a local government agency or a nonprofit that helps with financing. For a sale, the district must buy back the property during the same deal; for a lease, it must lease back the property for roughly the same term. The money from these deals must only be used for capital projects, like buying land for schools or building school facilities, and can include building housing for school employees.
Notwithstanding Section 17455, the sale by the governing board of a school district of any real property belonging to the school district or the lease by that governing board, for a term not exceeding 99 years, of any real property, together with any personal property located thereon, belonging to the school district shall not be subject to any other provision of this chapter, to Article 5 (commencing with Section 17485), or to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, if all of the following conditions are met:
(a)CA Education Code § 17456(a) The property is sold or leased to another local governmental agency, or to a
nonprofit corporation that is organized for the purpose of assisting one or more local governmental agencies in obtaining financing.
(b)Copy CA Education Code § 17456(b)
(1)Copy CA Education Code § 17456(b)(1) In the case of the sale of school district property pursuant to this section, the school district, as part of that same sale transaction, simultaneously repurchases the same property that is the subject of the transaction.
(2)CA Education Code § 17456(b)(2) In the case of the lease of school district property pursuant to this section, the school district, as part of that same lease transaction, simultaneously leases back, for a term that is not substantially less than the term of that lease, the same property that is the subject of the transaction.
(c)Copy CA Education Code § 17456(c)
(1)Copy CA Education Code § 17456(c)(1) The financing
proceeds obtained by the school district pursuant to the transaction described in this section are expended solely for capital outlay purposes, including the acquisition of real property for intended use as a schoolsite and the construction, reconstruction, and renovation of school facilities.
(2)CA Education Code § 17456(c)(2) For purposes of this section, the construction, reconstruction, or renovation of rental housing facilities for school district employees constitutes a permissible capital outlay expenditure of the financing proceeds obtained by the school district.
school district property sell or lease local government agency nonprofit corporation simultaneous repurchase simultaneous lease back capital outlay purposes acquisition of real property schoolsite construction reconstruction renovation rental housing school facilities employee housing
(Amended by Stats. 2017, Ch. 717, Sec. 2. (AB 1157) Effective January 1, 2018.)
When a school district sells, buys back, leases, or leases back its property, it can't use the money from those deals to cover its regular running costs. The funds from such transactions or related debts must not go toward the district's general operational expenses.
Notwithstanding any other provision of this part, in connection with a sale, sale back, lease, or leaseback of school district property, no proceeds obtained by the school district from the sale of the sale back or leaseback agreement, or interests therein, or a debt instrument payable from payments under the sale back or leaseback agreement shall be used for general operating purposes of the school district.
school district property sale back leaseback agreement proceeds restriction general operating purposes debt instrument school district funds property transactions
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law requires school districts in California to first offer any surplus real estate designed for instruction to charter schools with a projected student count of at least 80 in-district for the next year. If a charter school buys the property, it must use it for educational purposes or offer it back for sale to the school district or other interested charter schools if it wants to sell. A charter school's failure to use leased property for instruction is considered a lease breach, allowing the school district to regain possession. The property sale price is limited to the district’s acquisition cost plus adjustments for inflation and construction, while the lease cost is capped at 5% of the property’s maximum sales price. This statute applies only to properties deemed surplus after July 1, 2012, and does not mandate offering to charter schools after July 1, 2016.
(a)CA Education Code § 17457.5(a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a school district seeking to sell or lease real property designed to provide direct instruction or instructional support it deems to be surplus property shall first offer that property for sale or lease to any charter school that, at the time of the offer, has projections of at least 80 units of in-district average daily attendance for the following fiscal year, and has submitted a written request to the school district to be notified of surplus property offered for sale or lease by the school district, pursuant to the following conditions:
(1)CA Education Code § 17457.5(a)(1) The real property sold
or leased shall be used by the charter school exclusively to provide direct instruction or instructional support.
(2)CA Education Code § 17457.5(a)(2) If the charter school purchased real property pursuant to this section and fails to comply with paragraph (1), or otherwise desires to dispose of the real property, all of the following shall apply:
(A)CA Education Code § 17457.5(a)(2)(A) The charter school shall immediately offer that real property for sale to the school district that previously owned the property. The charter school shall comply, in that regard, with all requirements under this section that would otherwise apply to a school district.
(B)CA Education Code § 17457.5(a)(2)(B) If the school district does not desire to purchase that real property from the charter school, the school district shall furnish a list of charter schools that have requested notification of surplus property pursuant to subdivision
(a). The charter school that owns the real property shall offer that real property for sale to the charter schools on this list and comply with all requirements under this section that would otherwise apply to a school district. In the event the charter school selling property receives more than one offer, the charter school may determine to which charter school it will sell the property. The charter school purchasing the real property shall comply with all provisions of this section.
(C)CA Education Code § 17457.5(a)(2)(C) If that real property remains unsold pursuant to subparagraph (A) or (B), the charter school selling the real property shall offer that property for sale pursuant to Article 5 (commencing with Section 17485). The charter school shall comply with all requirements under that article that would otherwise apply to a school district, except that a sale price computed under subdivision (a) of Section 17491 shall be based upon the cost of acquisition incurred by the
school district that sold the property pursuant to this subdivision, rather than that incurred by the charter school.
(D)CA Education Code § 17457.5(a)(2)(D) If all or part of the real property remains unsold pursuant to subparagraph (C), the charter school selling that real property shall dispose of the remaining property pursuant to subdivisions (c), (d), (e), and (f) of Section 17464. References in Section 17464 to a school district shall mean the charter school selling the real property.
(3)CA Education Code § 17457.5(a)(3) In the event, alternatively, of a lease of real property pursuant to this subdivision, the failure by the charter school to comply with paragraph (1) shall constitute a breach of the lease, entitling the school district to immediate possession of the real property, in addition to any damages to which the school district may be entitled under the lease agreement.
(4)CA Education Code § 17457.5(a)(4) The school district, and each of the entities authorized to receive offers of sale pursuant to this article or Article 5 (commencing with Section 17485), has standing to enforce the conditions set forth in this subdivision, and shall be entitled to the payment of reasonable attorney’s fees incurred as a prevailing party in any action or proceeding brought to enforce any of those conditions.
(b)CA Education Code § 17457.5(b) A school district seeking to sell or lease real property designed to provide direct instruction or instructional support it deems to be surplus property shall provide a written offer to any charter school that, at the time of the offer, has projections of at least 80 units of in-district average daily attendance for the following fiscal year, and has submitted a written request to the school district to be notified of surplus property offered for sale or lease by the school district. A charter school desiring to purchase or lease the
property shall, within 60 days after a written offer is received, notify the school district of its intent to purchase or lease the property. In the event more than one charter school notifies the school district of their intent to purchase or lease the property, the governing board of the school district may determine to which charter school to sell or lease the property.
(c)CA Education Code § 17457.5(c) The price at which property described in this section is sold pursuant to this section shall not exceed the school district’s cost of acquisition, adjusted by a factor equivalent to the percentage increase or decrease in the cost of living from the date of purchase to the year in which the offer of sale is made, plus the cost of any school facilities construction undertaken on the property by the school district since its acquisition of the land, adjusted by a factor equivalent to the increase or decrease in the statewide cost index for class B construction, as annually
determined by the State Allocation Board pursuant to Section 17072.10, from the year the improvement is completed to the year in which the sale is made. In the event a statewide cost index for class B construction is not available, the school district shall use a factor equal to the average statewide cost index for class B construction for the preceding 10 calendar years. In no event shall the price be less than 25 percent of the fair market value of the property described in this section or less than the amount necessary to retire the share of local bonded indebtedness plus the amount of the original cost of the approved state aid applications on the property. The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1 of the applicable year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located.
(d)CA Education Code § 17457.5(d) Land that is leased pursuant to
this section shall be leased at an annual rate of not more than 5 percent of the maximum sales price determined pursuant to subdivision (c), adjusted annually by a factor equivalent to the percentage increase or decrease in the cost of living for the immediately preceding year. The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1 of the applicable year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located.
(e)CA Education Code § 17457.5(e) The sale or lease of the real property of a school district, as authorized under subdivision (a), shall not occur until the school district advisory committee has held hearings pursuant to subdivision (c) of Section 17390.
(f)CA Education Code § 17457.5(f) This section shall only apply to real property identified by a school district as surplus property after July 1, 2012. A school
district selling or leasing surplus property is not required to offer that property to a charter school pursuant to this section on or after July 1, 2016.
(g)CA Education Code § 17457.5(g) The construction of a school building, as defined in Section 17368, located on real property purchased by a charter school pursuant to this section shall comply with the design and construction requirements pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). The reconstruction or alteration of, or an addition to, a school building, as defined in Section 17368, located on real property purchased by a charter school pursuant to this section is required to comply with the design and construction requirements pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) only if the building complied with those sections on the date the real property was purchased by the charter school.
(h)CA Education Code § 17457.5(h) A charter school selling real property obtained pursuant to this section shall use the proceeds only for capital outlay, maintenance, and other facility-related costs.
surplus property charter schools in-district attendance property sale offer instructional use lease breach district acquisition cost cost of living adjustment school district advisory committee capital outlay maintenance school site real estate fair market value public school construction facility-related costs
(Amended by Stats. 2013, Ch. 48, Sec. 21. (AB 86) Effective July 1, 2013.)
This law allows a school district in California to sell or lease surplus real estate to another agency, provided the property is used for child care services for at least five years or until it's returned to the district. If the agency fails to use it for child care, they must offer it for sale again under specific conditions. The school district and related entities can enforce these conditions and recover attorney fees if needed. The sale or lease can't take place until required hearings are conducted, and this law adds to existing rules but doesn't replace them.
(a)CA Education Code § 17458(a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a school district complying with Section 101238.2 of Title 22 of the California
Code of Regulations and seeking to sell or lease real property it deems to be surplus property and for which a charter school has not accepted an offer to purchase or lease pursuant to Section 17457.5, may first offer that property for sale or lease to a contracting agency, as defined in Section 8208, pursuant to the following conditions:
(1)CA Education Code § 17458(a)(1) The real property sold or leased shall be used by the contracting
agency, or by
a successor in interest to the contracting agency, exclusively for the delivery of child care and development services, as defined in Section 8208, for a period of not less than five years from the date upon which the real property is made available to that agency, or successor in interest, pursuant to the sale, or, in the event of a lease, until the real property is returned to the possession of the school district, whichever occurs earlier.
(2)CA Education Code § 17458(a)(2) In the event that the contracting agency, or any successor in interest, fails to comply with the condition set forth in paragraph (1), that agency, or successor in interest, that purchased the real property, is required immediately to offer that real property for sale pursuant to this article and Article 5 (commencing with Section 17485) and to sell the
property pursuant to those provisions. The agency, or its successor in interest, shall comply, in that regard, with all requirements under those provisions that would otherwise apply to a school district, except that a sale price computed under subdivision (a) of Section 17491 shall be based upon the cost of acquisition incurred by the school district that sold the property pursuant to this subdivision, rather than that incurred by the contracting agency or its successor in interest. In the event, alternatively, of a lease of real property pursuant to this subdivision, the failure by the contracting agency, or any successor in interest, to comply with paragraph (1) shall constitute a breach of the lease, entitling the school district to immediate possession of the real property, in addition to any damages to which the school district may be entitled under the lease agreement.
(3)CA Education Code § 17458(a)(3) The school district, and each of the entities authorized to receive offers of sale pursuant to this article or Article 5 (commencing with Section 17485), has standing to enforce the conditions set forth in this subdivision, and shall be entitled to the payment of reasonable attorneys’ fees incurred as a prevailing party in any action or proceeding brought to enforce any of those conditions.
(b)CA Education Code § 17458(b) No sale or lease of the real property of a school district, as authorized under subdivision (a), may occur until the school district advisory committee has held hearings pursuant to subdivision (c) of Section 17390.
(c)CA Education Code § 17458(c) This section
is in addition to, and shall not limit the requirements of, Article 5 (commencing with Section 17485), but this section may be
used
with regard to property that the governing board of a school district may retain under Section 17490.
school district surplus property sale or lease conditions child care services contracting agency compliance enforcement school district advisory committee hearings real estate repurchase breach of lease consequences school district real property rules attorney fees for enforcement child care and development services
(Amended by Stats. 2012, Ch. 38, Sec. 37.5. (SB 1016) Effective June 27, 2012.)
This section states that when real estate is sold according to this specific set of rules, it must follow additional requirements found in another part of the law. These additional requirements are explained in a different part of the Government Code.
The sale of real property pursuant to this article shall be subject to the provisions of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
sale of real property Article 8 Government Code Section 54220 property sale requirements real estate rules Division 2 Title 5 Chapter 5 Part 1 real property provisions educational code compliance additional legal requirements reference to Government Code real estate transaction laws property disposition process subject to provisions regulatory compliance
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows the West Contra Costa Unified School District to create a lease agreement for real property to help terminate an old lease-purchase agreement. They must inform the Controller about the lease details, including payment schedules and trustee information. If they miss any rental payments, the Controller can cover these from state funds up to the district's entitlement. However, the state isn't obligated to pay beyond certain limits or reallocate other funds to cover missed payments. Any payments made by the Controller for missed rent count as allocations for specific constitutional and statutory purposes.
(a)CA Education Code § 17460(a) Notwithstanding subdivision (c) of this section or Sections 17456, 17457, and 42133, the West Contra Costa Unified School District, formerly known as the Richmond Unified School District, may enter into an agreement to lease any real property pursuant to Section 17456 and may use the financing proceeds from the agreement to terminate the Lease-Purchase Agreement, dated May 1, 1988, between the Richmond Unified School District Financing Corporation and the Richmond Unified School District. However, any property that has been leased, rented,
sold, or otherwise utilized pursuant to Section 41470 may not be leased pursuant to this section.
(b)CA Education Code § 17460(b) The West Contra Costa Unified School District shall notify the Controller at the time the district enters into a lease agreement pursuant to subdivision (a). That notice shall set forth a schedule of the rental payments payable under the lease agreement and shall include the name and address of the trustee to whom the right to receive the rental payments has been assigned.
(c)CA Education Code § 17460(c) Upon written notification by the trustee that the school district has not made one or more of the rental payments required by the terms of the lease, the Controller shall pay to the trustee from Section A of the State School Fund the defaulted rental payment. That payment by the Controller shall not exceed the amount of any apportionment entitlement of the district to moneys in Section A of the State School
Fund, less any payments required in that fiscal year to repay any state loans made to the district. The Controller shall withhold the amount of any payment made under this subdivision, including reimbursement of the Controller’s administrative costs as determined under a schedule approved by the California Debt Advisory Commission, from subsequent apportionments to the West Contra Costa Unified School District from Section A of the State School Fund.
(d)CA Education Code § 17460(d) Nothing in this section shall be construed to obligate the state to make any payment to, or on behalf of, the West Contra Costa Unified School District from Section A of the State School Fund in any amount, pursuant to any particular allocation formula, or to make any other payment to, or on behalf of, the district, including, but not limited to, any payment of those rental payments.
(e)CA Education Code § 17460(e) Any apportionments made by the Controller
pursuant to subdivision (c) shall be deemed to be an allocation to the West Contra Costa Unified School District for purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution, and for purposes of Chapter 2 (commencing with Section 41200) of Part 24.
West Contra Costa Unified School District lease agreement real property rental payments financing proceeds trustee notification defaulted payment State School Fund state loans repayment allocation limits
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law lets a school district's governing board, by majority vote, allow an officer or employee to handle lease agreements for the district's real estate. This applies if there's only one acceptable proposal received or if specific conditions are met. It also allows them to enter into agreements to use facilities at no cost to the district.
(a)CA Education Code § 17461(a) The governing board of any school district that has, by majority vote, established a standard rate or rates for the lease pursuant to this article of its real property may, by majority vote, delegate to the officer or employee as the governing board may designate, the power to enter into any lease, for and on behalf of the district, of any real property of the school district, with respect to which real property either the district has received only one sealed proposal that conforms with the existing standard rate or rates, from a
responsible bidder, and no oral bid that would meet the requirements of Section 17473, or the lease is to be entered into pursuant to Section 17480.
(b)CA Education Code § 17461(b) The governing board of any school district may, by majority vote, delegate to such officer or employee as the governing board may designate, the power to enter into any lease, permit, or agreement for the use by the district of buildings or other facilities if the use is to be granted to the district without charge.
school district leases standard rate lease majority vote delegation of authority real property lease sealed proposal responsible bidder oral bid facility use agreements no-charge use governing board delegation lease agreements public school property
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
If a school district in California sells or leases property, the money they make has specific rules on how it can be used. The funds should go toward things like building projects or maintenance that don’t happen often. If they lease with an option to buy, the money can sometimes be used for regular repair work for up to five years. However, if the district doesn't need more buildings soon and has no big maintenance needs, money might go into the general fund for one-time costs, not ongoing expenses like salaries. The State Allocation Board will set the rules for using these funds. Even if they didn't plan to build, districts can apply for new building funds after five years if their circumstances change, like a boom in student numbers.
(a)CA Education Code § 17462(a) The funds derived from the sale of surplus property shall be used for capital outlay or for costs of maintenance of school district property that the governing board of the school district determines will not recur within a five-year period. Proceeds from a lease of school district property with an option to purchase may be deposited into a restricted fund for the routine repair of district facilities, as defined by the State Allocation Board, for up to a five-year period. In addition, the proceeds from the sale or lease with option to
purchase may be deposited in the general fund of the district if the school district governing board and the State Allocation Board have determined that the district has no anticipated need for additional sites or building construction for the ten-year period following the sale or lease with option to purchase, and the district has no major deferred maintenance requirements. Proceeds from the sale or lease with option to purchase of school district property shall be used for one-time expenditures, and may not be used for ongoing expenditures including, but not limited to, salaries and other general operating expenses.
(b)CA Education Code § 17462(b) The proceeds may also be deposited into a special reserve fund for capital outlay, for costs of maintenance of school district property that the governing board determines will not recur within a five-year period, or for the future maintenance and renovation of schoolsites if the district governing board and the State
Allocation Board have determined that the district has no anticipated need for schoolsites or building construction or major deferred maintenance projects for a ten-year period following the sale or lease with option to purchase. Proceeds deposited in the special reserve fund shall not be available for general operating expenses as provided in Section 42842.
(c)CA Education Code § 17462(c) The State Allocation Board, in consultation with the department, shall adopt regulations that govern the use of proceeds pursuant to this section for one-time expenditures and define ongoing expenditures for purposes of subdivision (a).
(d)CA Education Code § 17462(d) Notwithstanding a determination by the State Allocation Board pursuant to subdivision (a) that a school district has no anticipated need for additional sites or building construction for the ten-year period following the sale or lease with option to purchase of surplus school property,
the district may apply for new construction or modernization funding pursuant to this chapter if both of the following conditions are satisfied:
(1)CA Education Code § 17462(d)(1) Five years have elapsed since the date upon which the sale or lease with option to purchase was executed.
(2)CA Education Code § 17462(d)(2) The State Allocation Board determines that the district has demonstrated enrollment growth or a need for additional sites or building construction that the district could not have easily anticipated at the time the board made its original determination that the district had no anticipated need for the ten-year period following the sale or lease with option to purchase.
surplus property capital outlay maintenance costs school district funds restricted fund routine repair general fund one-time expenditures State Allocation Board deferred maintenance special reserve fund new construction funding enrollment growth modernization funding schoolsite renovation
(Amended by Stats. 2006, Ch. 810, Sec. 1. Effective January 1, 2007.)
This law talks about when a school district, county office, or charter school sells property bought or improved with state school funds. They may need to give back the money they received from the state if certain conditions are met: the property wasn't sold to a school-related entity, the money from the sale isn't used for building projects, and the sale happens within 10 years of the property's purchase or improvement. If only part of the property is sold, then they only return a share of the funds based on how much was sold.
(a)CA Education Code § 17462.3(a) The State Allocation Board may establish a program that requires a school district, county office of education, or charter school that sells real property that was purchased with or modernized with, or on which improvements were constructed that were funded with, any moneys from a state school facilities funding program, to return to the State Allocation Board the moneys the school district, county office of education, or charter school received from the state school facilities funding program for the purchase, modernization, or construction if all of the following conditions are met:
(1)CA Education Code § 17462.3(a)(1) The real property is not sold to a charter school pursuant to Section 17457.5, a school
district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services pursuant to Section 17458.
(2)CA Education Code § 17462.3(a)(2) The proceeds from the sale of the real property are not used for capital outlay.
(3)CA Education Code § 17462.3(a)(3) The real property was purchased, or the improvements were constructed or modernized on the real property, within 10 years before the real property is sold.
(b)CA Education Code § 17462.3(b) The moneys to be returned to the State Allocation Board under this section are those received within 10 years before the real property is sold.
(c)CA Education Code § 17462.3(c) If a portion of the real property is sold, a proportionate amount of funds received from a
state school facilities funding program shall be returned to the State Allocation Board under this section based on the percentage of the real property sold.
State Allocation Board school district property sale return state funding charter school property child care property use capital outlay exclusion 10-year rule sale proceeds conditions partial property sale proportionate fund return
(Amended by Stats. 2014, Ch. 262, Sec. 1. (AB 1664) Effective January 1, 2015.)
If a school district sells extra property and uses the money for a one-time expense, the financial aid they receive for hardships will be lessened by that same amount for the next five years.
The board shall reduce an apportionment of hardship assistance awarded to a school district pursuant to Article 8 (commencing with Section 17075.10) by an amount equal to the amount of any proceeds from the sale of surplus property used for a one-time expenditure of the school district pursuant to Section 17462.5 for five years following the expenditure.
school district hardship assistance sale of surplus property one-time expenditure five years apportionment reduction financial aid adjustment property sale proceeds Section 17075.10 Section 17462.5 funding adjustment school funding property proceeds
(Added by Stats. 2003, Ch. 891, Sec. 2. Effective January 1, 2004.)
This law lets smaller school districts in California, with an average attendance of less than 10,001 students, put interest earned from selling extra property into their general funds, but there are conditions. First, they must create a five-year plan showing they can handle their facility needs without state help and submit it to the State Allocation Board. The governing board must also consider using that interest money for facilities, maintenance, and modernization before other needs. Additionally, schools doing this can’t get certain state facility funding for 10 years. Even after that, if they seek state funding, their aid will be reduced by the leftover funds they got from the property sale and any untouched interest.
Notwithstanding Section 17462, a school district having an average daily attendance of less than 10,001 in any fiscal year may deposit any and all interest earned on the funds derived from the sale in that fiscal year of surplus property into the general fund of the school district for any general fund purpose, subject to the following conditions:
(a)CA Education Code § 17463(a) Before that deposit, the school district shall submit to the State Allocation Board a capital outlay plan for the school district for a period of five years following that sale, together with a declaration of the finding by the governing board of the school district that the school facilities needs of the school district can be met over that five-year period
without funding or other assistance from any state school facilities funding program. No later than the date upon which that initial five-year period concludes, the school district shall submit to the State Allocation Board a capital outlay plan for the school district for the subsequent five-year period.
(b)CA Education Code § 17463(b) Before the decision to place that interest money into the school district’s general fund, the governing board of the school district shall consider the extent to which it is necessary or appropriate to expend that money to meet the school district’s needs relative to capital outlay, facilities, modernization, and deferred maintenance. In addition, as to any interest money deposited into the school district’s general fund pursuant to this section, the governing board of the school district shall consider the extent to which it is necessary or appropriate to expend the money to meet the school district’s needs relative to ongoing maintenance
before expending that money for any other purpose.
(c)CA Education Code § 17463(c) A school district that deposits interest into its general fund pursuant to the authority set forth in this section shall not be eligible during the 10-year period described in subdivision (a) for funding or other assistance under Chapter 12 (commencing with Section 17000) or Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program.
(d)CA Education Code § 17463(d) If a school district seeks state funding pursuant to Chapter 12 (commencing with Section 17000) of Part 10, Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program, on or after the expiration of the 10-year period specified in subdivision (c), any state funding received by the school district from the program shall be reduced by any remaining funds derived from the sale of that surplus property
by the school district and any unencumbered interest earned on those funds.
school district attendance surplus property sale general fund capital outlay plan State Allocation Board facility needs maintenance funding state school facilities funding programs interest money use funding eligibility restrictions financial planning requirements five-year plan modernization needs unencumbered interest property sale income
(Amended by Stats. 2015, Ch. 386, Sec. 11. (SB 436) Effective January 1, 2016.)
This section allows certain California school districts with outstanding emergency loans to sell or lease unused property to help pay off those debts. However, they can't get additional financial hardship help if they use property sale or lease proceeds for loan repayment. Although this law outlines ways these districts can deal with their debt issues, it does not change their obligation to provide for student needs. Additionally, the districts can still participate in other school funding programs, except as specifically restricted, and this regulation cannot be waived by state officials.
(a)CA Education Code § 17463.5(a) For purposes of this section, “designated school district” means the Inglewood Unified School District, the Oakland Unified School District, the South Monterey County Joint Union High School District, and the Vallejo City Unified School District.
(b)Copy CA Education Code § 17463.5(b)
(1)Copy CA Education Code § 17463.5(b)(1) Notwithstanding Sections 17456, 17457, 17462, 17462.7, and 17463, or any other law, until the emergency apportionment loan is repaid, a designated school district with an outstanding emergency apportionment loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, may sell or lease surplus real property, together with any personal property located on the real property, owned by the designated school
district and use the proceeds from the sale or lease to service, reduce, or retire the debt on the emergency apportionment loan, or for capital improvements of the facilities of the designated school district pursuant to subdivisions (a) and (b) of Section 17462.
(2)CA Education Code § 17463.5(b)(2) The sale or lease of surplus real property pursuant to this subdivision shall be sold or leased pursuant to Section 17458, 17464, or 17489, as applicable.
(c)CA Education Code § 17463.5(c) Notwithstanding any other law, a designated school district that uses the proceeds from the sale or lease of surplus real property pursuant to subdivision (b) shall not be eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10.
(d)CA Education Code § 17463.5(d) Nothing in this section shall be construed as modifying the responsibility of a designated school
district to accommodate pupils in accordance with Section 47614.
(e)CA Education Code § 17463.5(e) Nothing in this section shall exclude the designated school districts with outstanding emergency apportionment loans, pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, except as provided in subdivision (c), from participating in or benefitting from any program authorized pursuant to Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), or Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program.
(f)CA Education Code § 17463.5(f) Notwithstanding any other law, this section shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent.
Inglewood Unified School District Oakland Unified School District surplus property sale emergency apportionment loan financial hardship assistance capital improvements Vallejo City Unified School District South Monterey County Joint Union High School District debt repayment state school facilities funding property lease proceeds student accommodation responsibility Section 17458 outstanding loans property lease restrictions
(Added by Stats. 2018, Ch. 426, Sec. 5. (AB 1840) Effective September 17, 2018.)
This law allows a school district in California to sell or lease surplus property and put the money into their general fund for one-time uses, as long as the property wasn't bought with state funds. They must make sure the sale doesn't go against bond rules and confirm the property isn't needed for schools in the next 10 years. Also, they must have a plan for using the money that avoids long-term costs. The district doesn't need an advisory committee unless the property was used for early childhood or as a school. Proceeds from sales before June 30, 2024 are included, but parts of the law become inactive in 2024 and will be repealed in 2027.
(a)CA Education Code § 17463.7(a) Notwithstanding any other law, a school district may deposit the proceeds from the sale or lease of surplus real property, together with any personal property located on the property, purchased with nonstate funds, into the general fund of the school district and may use the proceeds for any one-time general fund purpose. If the purchase of the property was made using the proceeds of a local general obligation bond or revenue derived from developer fees, the amount of the proceeds of the transaction that may be deposited into the general fund of the school district may not exceed the percentage computed by the difference between the purchase price of the property and the proceeds from the transaction, divided by the amount of the proceeds of the transaction. For purposes of this section, proceeds of the transaction means
either of the following, as appropriate:
(1)CA Education Code § 17463.7(a)(1) The amount realized from the sale of property after reasonable expenses related to the sale.
(2)CA Education Code § 17463.7(a)(2) For a transaction that does not result in a lump-sum payment of the proceeds of the transaction, the proceeds of the transaction shall be calculated as the net present value of the future cashflow generated by the transaction.
(b)CA Education Code § 17463.7(b) The State Allocation Board shall reduce an apportionment of hardship assistance awarded to the particular school district pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10, except an apportionment of hardship
assistance awarded pursuant to paragraph (2) of subdivision (b) of Section 17075.10, by an amount equal to the amount of the sale of surplus real property used for a one-time expenditure of the school district pursuant to this section.
(c)CA Education Code § 17463.7(c) Before a school district exercises the authority granted pursuant to this section, the governing board of the school district shall first submit to the State Allocation Board documents certifying both of the following:
(1)CA Education Code § 17463.7(c)(1) The sale of real property pursuant to this section does not violate the provisions of a local bond act.
(2)CA Education Code § 17463.7(c)(2) The real property is not suitable to meet projected school construction needs for the next 10 years.
(d)CA Education Code § 17463.7(d) Before the school district exercises the authority granted pursuant to this section,
the governing board of the school district shall adopt a plan at a public meeting for expending one-time resources pursuant to this section. The plan shall identify the source and the intended use of the surplus property proceeds and describe the reasons why the expenditure will not result in ongoing fiscal obligations for the school district.
(e)Copy CA Education Code § 17463.7(e)
(1)Copy CA Education Code § 17463.7(e)(1) Except for the sale or lease of surplus real property that has previously operated, or was constructed to be operated, as an early childhood education facility or a school for elementary and secondary instruction, the governing board of a school district shall not be required to appoint a school district advisory committee pursuant to Article 1.5 (commencing with Section 17387).
(2)CA Education Code § 17463.7(e)(2) It is the intent of the
Legislature to allow a school district to meet the requirements to offer surplus properties set forth in the Education and Government Codes by making an offer simultaneously to all applicable entities.
(f)CA Education Code § 17463.7(f) The Office of Public School Construction shall submit an interim and a final report to the State Allocation Board and the budget, education policy, and fiscal committees of the Legislature that identifies the school districts that have exercised the authority granted by this section, the amount of proceeds involved, and the purposes for which those proceeds were used. The interim report shall be submitted by June 1, 2022, and the final report shall be submitted by January 1, 2026.
(g)CA Education Code § 17463.7(g) For any transaction for the sale or lease of surplus property a school district initiates pursuant to this section before June 30, 2024, the proceeds from the sale or lease transaction that are
received after June 30, 2024, shall be considered proceeds that can be deposited in accordance with this section.
(h)CA Education Code § 17463.7(h) Subdivisions (a) to (e), inclusive, shall become inoperative on July 1, 2024, subdivision (f) shall become inoperative on January 15, 2026, and this section as of January 1, 2027, is repealed.
surplus real property general fund one-time expenditure local bond act projected school construction needs public meeting advisory committee early childhood education sale or lease transaction Office of Public School Construction hardship assistance State Allocation Board cashflow net present value fiscal obligations
(Amended by Stats. 2021, Ch. 124, Sec. 17. (AB 938) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
This section outlines the process a school district must follow when selling or leasing real estate. First, the property should be offered to charter schools for instruction. If not sold, it should be considered for park or recreational use. If still available, it must be offered at fair market value to several entities, including government organizations and certain nonprofits, with explicit notification and public notice requirements. The interested parties must express their intent to buy or lease within 60 days of the final notice. After these steps, the property can be handled in other legally approved ways.
Except as provided for in Article 2 (commencing with Section 17230) of Chapter 1, the sale or lease with an option to purchase of real property by a school district shall be in accordance with the following priorities and procedures:
(a)CA Education Code § 17464(a) First, the property shall be offered for sale or lease pursuant to Section 17457.5 to any interested charter school for purposes of providing direct instruction or instructional support.
(b)CA Education Code § 17464(b) Second, the
property shall be offered for park or recreational purposes pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, in any instance in which that article is applicable.
(c)CA Education Code § 17464(c) Third, the property shall be offered for sale or lease with an option to purchase, at fair market value in both of the following ways:
(1)CA Education Code § 17464(c)(1) In writing, to the Director of General Services, the Regents of the University of California, the Trustees of the California State University, the county and city in which the property is situated, to any public housing authority in the county in which the property is situated, and to any entity referenced in paragraph (2) that has submitted a written request to the school district to be directly notified of the offer for sale or lease with an option to purchase the real property by the school district.
(2)CA Education Code § 17464(c)(2) By public notice to any public district, public authority, public agency, public corporation, or any other political subdivision in this state, to the federal government, and to nonprofit charitable corporations existing on December 31, 1979, and organized pursuant to
Part 3 (commencing with Section 10200) of Division 2 of Title 1 of the Corporations Code then in effect or organized on or after January 1, 1980, as a public benefit corporation under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. Public notice shall consist of at least publishing its intention to dispose of the real property in a newspaper of general circulation within the school district, or if there is no newspaper of general circulation in the school district, then in any newspaper of general circulation that is regularly circulated in the school district. The notice shall specify that the property is being made available to all public
districts, public authorities, public agencies, and other political subdivisions or public corporations in this state, and to other nonprofit charitable or nonprofit public benefit corporations.
(d)CA Education Code § 17464(d) Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates not counting the publication dates, are sufficient. The written notice required by paragraph (1) of subdivision (c)
shall be mailed no later than the date of the second published notice.
(e)CA Education Code § 17464(e) The entity desiring to purchase or lease the property shall, within 60 days after the third publication of notice, notify the school district of its intent to purchase or lease the property. If the entity desiring to purchase or lease the property and the school
district are unable to arrive at a mutually satisfactory price or lease payment during the 60-day period, the property may be disposed of as otherwise provided in this section. In the event the school district receives offers from more than one entity pursuant to this subdivision, the school district governing board may determine which of these offers to accept.
(f)CA Education Code § 17464(f) Fourth, the property may be disposed of in any other manner authorized by law.
(g)CA Education Code § 17464(g) This section shall become operative January 1, 1988.
school district property sale real property lease charter school offering park use priority fair market value sale public notice requirement government entity notification nonprofit corporation offer publication of notice 60-day intent notification mutual agreement on price governing board decision alternative disposal methods
(Amended by Stats. 2012, Ch. 38, Sec. 37.7. (SB 1016) Effective June 27, 2012.)
This law section details the process a school district must follow if it wants to lease out its vacant classrooms. First, it must offer these classrooms to special education programs run by other local districts or the county office. The district must notify them in writing and only provide a lease that's negotiable and valid for 60 days. The lease terms, including payments, must be agreed upon within this period, and the cost should only cover actual maintenance and operation expenses. If multiple districts are interested, they can negotiate together, but costs should remain fair. The district cannot act on other offers until the 60-day window ends, and must consider which locations best serve students with disabilities before proceeding with leasing.
(a)CA Education Code § 17465(a) As used in this section, the terms “district,” “special education local plan area,” and “county office” have the same meaning as prescribed by Part 30 (commencing with Section 56000).
(b)CA Education Code § 17465(b) The governing board of a school district that adopts a resolution of intent to lease vacant classrooms shall first offer to lease the classrooms for special education programs that are provided by either other districts that comprise part of the special education local plan area in which the
leasing district is included or by the county office having jurisdiction over the leasing district, to the pupils of the leasing district, in whole or in part.
(c)CA Education Code § 17465(c) Upon adoption of the resolution, the governing board shall notify, in writing, other districts or the county office, as specified in subdivision (b), of its intent to lease vacant classrooms. The notice shall describe the vacant classrooms, shall specify that the lease shall not exceed a term of 99 years and that the lease payment and other terms of the lease are subject to negotiation, and shall state that the offer to lease is valid for no more than 60 days after receipt thereof.
(d)CA Education Code § 17465(d) Notwithstanding Section 17466, the governing board may include in its resolution a time for a public meeting of the governing board to be held at its regular place of meeting at which sealed proposals to lease will be received and
considered, and, notwithstanding Section 17469, may post copies of the resolution and publish notice of the adoption of the resolution. However, the governing board shall not act on any proposal prior to the first of the following conditions occurring:
(1)CA Education Code § 17465(d)(1) Receipt from the county superintendent or the public education agency, as appropriate, of its intent to lease the classrooms or of its intent not to do so.
(2)CA Education Code § 17465(d)(2) Expiration of the 60-day period prescribed by subdivision (c).
(e)CA Education Code § 17465(e) An entity desiring to lease the vacant classrooms shall, within 60 days from receipt of the notification, inform the governing board, in writing, of its intent to lease or not to lease the classrooms.
(f)Copy CA Education Code § 17465(f)
(1)Copy CA Education Code § 17465(f)(1) The lease payments and other terms of the lease
for vacant classrooms leased to other districts or to the county office, as specified in subdivision (b), shall be negotiated by the entity desiring to lease the vacant classrooms and the governing board. Any entity eligible to lease vacant classrooms pursuant to this section and any governing board may negotiate lease payments prior to the availability of the vacant classrooms.
(2)CA Education Code § 17465(f)(2) The lease payments shall not exceed the district’s actual costs for maintenance, operation, and custodial services for the leased classrooms.
(3)CA Education Code § 17465(f)(3) If more than one governing board offers to lease classrooms, the entity desiring to lease such classrooms may elect to negotiate either individually with each district, or jointly, with some or all of such districts. If the entity elects joint negotiations, the lease payments shall not exceed the participating districts’ average actual costs for maintenance,
operation, and custodial services for the leased classrooms.
(g)CA Education Code § 17465(g) If the governing board and the entity desiring to lease the classrooms are unable to complete negotiations for the lease and arrive at a mutually satisfactory lease within the same 60-day period that the entity has to inform the governing board of its intent to lease or not lease, the governing board may lease the classrooms in accordance with the provisions of this article.
(h)CA Education Code § 17465(h) If vacant classrooms are available in both operating and nonoperating schools, the governing board, prior to adopting a resolution of intent to lease, shall consider which school would provide the environment least restrictive to the needs of handicapped pupils or individuals with exceptional needs, as appropriate, for whom the county superintendent or public education agency provides special education programs.
vacant classrooms special education programs school district leasing resolution of intent negotiation of lease terms lease payments cost for maintenance operation and custodial services least restrictive environment county office jurisdiction notification of intent public education agency time for public meeting sealed proposals handicapped pupils needs
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
If a school board wants to sell or lease property, they need to have an open meeting where at least two-thirds of the members vote to pass a resolution. This resolution must clearly describe the property, the minimum price or rent, and the terms. It should also mention any broker's commission they'll pay. After passing the resolution, the board sets a public meeting at least three weeks later to review sealed offers for buying or leasing the property.
Before ordering the sale or lease of any property the governing board, in a regular open meeting, by a two-thirds vote of all its members, shall adopt a resolution, declaring its intention to sell or lease the property, as the case may be. The resolution shall describe the property proposed to be sold or leased in such manner as to identify it and shall specify the minimum price or rental and the terms upon which it will be sold or leased and the commission, or rate thereof, if any, which the board will pay to a licensed real estate broker out of the minimum price or
rental. The resolution shall fix a time not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered.
school board property sale lease resolution two-thirds vote property description minimum price rental terms real estate broker commission governing board meeting sealed proposals public meeting regular open meeting adoption of resolution identifying property three-week notice sealed offers reception
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows large school districts in California (those with 250,000 or more average daily attendance) to publish a notice instead of declaring an intention to lease real property, skipping a step in the process. The school board can put out a notice in a widely-read newspaper at least three times over 15 days to announce the lease terms, including the property's details and the rent. It also sets a date, not sooner than 15 days after the last notice, for a public meeting where the lease proposal will be discussed. Furthermore, the school board can delegate responsibilities related to this process to a designated officer or employee. Finally, any bids received must be handled according to specific rules in this article.
(a)CA Education Code § 17467(a) In lieu of the declaration of intention to lease real property provided in Section 17466, the governing board of any school district having an average daily attendance of 250,000 or more as shown by the annual report of the county superintendent of schools for the preceding year may publish a notice three times in a period of not less than 15 days in a newspaper of general circulation published in the district. The notice shall describe the property proposed to be leased in a manner as to identify it and shall specify the minimum rental and terms upon which it will be leased. The notice shall fix a time not less than 15 days thereafter for a public meeting of the governing board to be held at its
regular place of meeting at which the proposal to lease will be received and considered.
(b)CA Education Code § 17467(b) The governing board by majority vote may adopt a ruling delegating to an officer or employee of the school district as the governing board may designate, authority to perform the duties prescribed in this section.
(c)CA Education Code § 17467(c) Bids received under this section shall be received, accepted, or rejected in accordance with the provisions of this article.
school district property lease average daily attendance public notice rental terms public meeting governing board delegation of authority officer or employee bid acceptance bid rejection newspaper publication lease proposal minimum rental public bid process
(Amended by Stats. 2022, Ch. 920, Sec. 2. (SB 913) Effective January 1, 2023.)
This law allows a board to decide if they want to pay a commission to a real estate broker for helping get a proposal for selling or renting property. If they choose to do so, the specifics must be detailed in a resolution. The commission can only be paid if the broker's name and the commission details are included in or with the proposal or bid that is accepted. Importantly, the commission comes from the money made from selling or renting the property.
If, in the discretion of the board, it is advisable to offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal, the commission shall be specified in the resolution. No commission shall be paid unless there is contained in or with the sealed proposal or stated in or with the oral bid, which is finally accepted, the name of the licensed real estate broker to whom it is to be paid, and the amount or rate thereof. Any commission shall, however, be paid only out of money received by the board from the sale or rental of the
real property.
real estate broker commission board discretion proposal sealed proposal oral bid accepted bid commission resolution payment conditions money from sale real property rental licensed broker property sale
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law requires that when a board adopts a resolution, they must let people in the district know by posting copies of that resolution in at least three public locations in the district at least 15 days ahead of a meeting. Additionally, they must also publish a notice in a local newspaper once a week for three weeks before the meeting, if such a newspaper is available in the county.
Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the board or by a majority thereof in three public places in the district, not less than 15 days before the date of the meeting, and by publishing the notice not less than once a week for three successive weeks before the meeting in a newspaper of general circulation published in the county in which the district or any part thereof is situated, if any such newspaper is published therein.
notice of resolution posting in public places local newspaper publication meeting notification district board actions public disclosure resolution announcement community engagement public meeting schedule 15-day notice period newspaper circulation county publication district communication public awareness
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
If a school district plans to sell property, they must inform the original owner about a public meeting regarding the sale. This notification must be sent by certified mail at least 60 days before the meeting. However, the district is not required to give the former owner a chance to buy back the property at the highest bid price that has been tentatively accepted.
(a)CA Education Code § 17470(a) The governing board of a school district that intends to sell real property pursuant to this article shall take reasonable steps to ensure that the former owner from whom the district acquired the property receives notice of the public meeting prescribed by Section 17466, in writing, by certified mail, at least 60 days prior to the meeting.
(b)CA Education Code § 17470(b) The governing board of a school district shall not be required to accord the former owner the right to purchase the property at the
tentatively accepted highest bid price nor to offer to sell the property to the former owner at the tentatively accepted highest bid price.
school district property sale former property owner notice public meeting notification certified mail requirement right to purchase tentatively accepted bid sale procedure property disposal process real property sale public meeting requirement property acquisition governing board responsibilities
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law explains what a governing board should do if they want to lease real estate and believe the monthly rent is no more than $50. In such cases, the board doesn't need to post a resolution publicly. Instead, they can publish the resolution in a local newspaper that circulates in the district either twice in a weekly paper or five times in a daily paper before the meeting date. If no local paper exists, they can publish in a nearby county's widely circulated paper.
Whenever it is proposed to lease real property and the governing board unanimously determines in the resolution that in its opinion, the monthly rental value of the property does not exceed the sum of fifty dollars ($50), the resolution need not be posted and may, before the date of the meeting, be published in two successive issues of a weekly newspaper or in five successive issues of a daily newspaper. The newspaper in which the notice is published shall be one published in the district and having a general circulation there; or if there is no newspaper, then one
having a general circulation in the district; or if there is no newspaper, then in one having a general circulation in a county in which the district or any part thereof is situated.
lease real property governing board monthly rental value fifty dollars ($50) resolution posting publication requirements weekly newspaper daily newspaper general circulation district newspaper county newspaper meeting date real estate leasing public notice resolution publication
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
When it's time for the governing body to meet, they open all sealed offers they've received in public. They review and announce these offers. The highest offer meeting all the sale or lease conditions is usually accepted. However, a higher spoken offer might be accepted instead, or all offers may be rejected.
At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or to lease and which are made by responsible bidders, the proposal which is the highest, after deducting therefrom the commission, if any, to be paid a licensed real estate broker in connection therewith, shall be finally accepted, unless a higher
oral bid is accepted or the board rejects all bids.
sealed proposals public session highest bid oral bid responsible bidders licensed real estate broker commission proposal acceptance governing body meeting rejection of bids terms and conditions resolution of intention lease offer sell offer board decision
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law says that before a board accepts any written offer to buy or lease property, they must ask for oral bids. If someone responsibly bids at least 5% more than the best written offer (after subtracting any real estate broker's commission) and meets all the conditions, their oral bid should be accepted. But the final acceptance only happens after the oral bid is put in writing and signed by the person making the offer.
Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property or to lease the property, as the case may be, upon the terms and conditions specified in the resolution, for a price or rental exceeding by at least 5 percent, the highest written proposal, after deducting the commission, if any, to be paid a licensed real estate broker in connection therewith, then the oral bid which is the highest after deducting any commission to be paid a licensed real estate broker,
in connection therewith, which is made by a responsible person, shall be finally accepted. Final acceptance shall not be made, however, until the oral bid is reduced to writing and signed by the offeror.
oral bids written proposal real estate broker commission board acceptance property sale lease terms purchase offer 5 percent higher bid final acceptance written and signed offer responsible person oral bidding process lease property purchase property highest bid
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law explains what happens if a property is sold to someone who makes a higher oral bid, found by a different real estate broker than the one who brought in the highest written offer. The commission, or payment for making the sale happen, is split between these brokers. The broker who got the highest written offer gets half of the commission based on that offer's amount, while the broker who found the final buyer receives the rest based on the actual sale price.
In the event of a sale on a higher oral bid to a purchaser procured by a licensed real estate broker, other than the broker who submitted the highest written proposal, and who is qualified as provided in Section 17468 of this code, the board shall allow a commission on the full amount for which the sale is confirmed. One-half of the commission on the amount of the highest written proposal shall be paid to the broker who submitted it, and the balance of the commission on the purchase price to the broker who procured the purchaser to whom the sale was
confirmed.
real estate broker higher oral bid written proposal commission split sale confirmation property sale licensed broker real estate commission broker payment purchaser procurement real estate transaction Section 17468 requirement oral bid sale sales process
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This section says that a governing body can give final approval for something either in the same meeting or in a follow-up meeting within the next 10 days.
The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
final acceptance governing body adjourned session meeting approval process session timing follow-up meeting decision timeframe 10 days school district meetings
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows the governing body to decide if it's best for the public by rejecting all offers, whether they're written or spoken, and pull the property off the market entirely for sale or lease.
The governing body may at the session, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.
governing body public interest reject bids withdraw property sale lease written bids oral bids property market session decision best public interest property withdrawal market removal bid rejection real estate transactions
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law section talks about how a school district's governing board can lease property if nobody else submits a proposal or if submitted proposals don’t meet the board’s requirements. If the board follows the correct steps and no one submits a suitable offer, they have up to a year to find a lessee for at least the fair market value. Leasing terms can be flexible as long as the lease doesn't last more than three years. The board can assign someone to find a tenant and work out lease details, but the lease only goes ahead after board approval. If any proposal from a public entity doesn’t meet requirements, the board must wait 30 days before making a decision, unless that entity asks the board to reconsider based on the original terms in writing within that time.
(a)Copy CA Education Code § 17477(a)
(1)Copy CA Education Code § 17477(a)(1) If the governing board has complied with the provisions of this article, and no proposals are submitted or the proposals submitted do not conform with all terms and conditions specified in the resolution of intent to lease, the governing board may within one year thereafter, or one year after the passage of 30 days from the rejection of a public entity’s nonconforming proposal, as appropriate, lease such real property, together with any personal property located thereon, to any lessee, at a price not less than fair
market value in accordance with any terms and conditions agreed upon by the governing board and the lessee, except that the term of a lease shall not exceed three years. Sections 17461, 17464, and 17466 to 17469, inclusive, and Sections 17471 to 17473, inclusive, shall not apply to the lease.
(2)CA Education Code § 17477(a)(2) The governing board may by majority vote delegate an officer or employee of the district, or any other third person, to secure a lessee and to negotiate the terms and conditions of the lease. However, the lease shall not be executed unless the governing board by majority vote, at a public meeting, approves the lease.
(3)CA Education Code § 17477(a)(3) If a public entity has submitted a nonconforming proposal, the governing board shall not take any action pursuant to this subdivision until 30 days after the rejection of the proposal.
(b)CA Education Code § 17477(b) Subdivision (a)
shall not apply if a public entity has submitted a proposal that does not conform with all the terms and conditions specified in the resolution of intent to lease, and if the public entity requests, in writing, within 30 days from the rejection of its proposal, that the governing board lease the real property, subject to the resolution of intent, in accordance with this article.
lease property governing board fair market value nonconforming proposal public entity resolution of intent secure a lessee negotiate terms lease execution public meeting approval delegation of authority reconsideration request three-year lease limit
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This rule states that when a governing body accepts a bid, it allows and instructs a leader, like the president, to sign and hand over the property deed or lease. This happens once the buyer or renter fulfills all their agreed responsibilities.
Any resolution of acceptance of any bid made by the governing body authorizes and directs the president of the governing body, or other presiding officer, or the members thereof, to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessee of all the terms or conditions of his or her contract to be performed concurrently therewith.
bid acceptance governing body deed execution lease execution president of governing body presiding officer property transfer compliance with contract purchaser obligations lessee obligations
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows school districts to acquire, lease, or sublease property, and nothing in the specified sections of the Education Code can stop them from doing so as long as they follow the rules outlined in another law, specifically Section 1261 of the Military and Veterans Code.
Nothing in Sections 17455 to 17542, inclusive, shall prevent the governing board of any school district from acquiring, leasing or subleasing property pursuant to Section 1261 of the Military and Veterans Code.
school district property acquiring property leasing property subleasing property Military and Veterans Code Section 1261 property acquisition educational property school board authority property rules school leases governing board property transactions rental agreements leasing authority
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows a school district's governing board to rent out buildings, grounds, or personal property that aren't needed for classrooms. They can lease these spaces under agreed terms for up to 30 days each fiscal year, without needing to follow other complex procedures.
The governing board of any school district may, without complying with any other provision of this article, let in the name of the district any buildings, grounds, or space therein, together with any personal property located thereon, not needed for school classroom buildings upon any terms and conditions as may be agreed upon by the governing board of the district and the lessee thereof for a period not exceeding 30 separate or consecutive calendar days or portions thereof in each fiscal year.
school district leasing renting school property non-classroom use governing board authority lease terms and conditions lessee agreement educational property rental temporary space rental 30-day lease limit school grounds rental
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This section allows a school district's governing board to lease out school property that has a residence on it, but only if they can't develop the property due to lack of funds. The lease can last up to three months and requires approval by two-thirds of the board members. They can set any terms they like for the lease and don't have to follow other usual procedures, except what's mentioned here.
In addition to any other authority to lease real property, the governing board of a school district, by a two-thirds vote of its members, may lease, for a term not exceeding three months, school district property having a residence thereon, which cannot be developed for district purposes because of the unavailability of funds. The lease shall be upon any terms and conditions that the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this section.
school district leasing property lease board approval residential property temporary lease development funds two-thirds vote lease terms unavailable funds three-month lease governing board authority lease agreement conditions school property with residence
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows a school district to sell or lease a building, along with the land it's on, to a nonprofit community or civic group if the county board of supervisors agrees and certain conditions are met. The building must no longer be suitable for school use and should have historic value. The deal must reflect either fair market or rental value, but it can be for less if more than half the buildings on site are historically significant, and the property is used for public benefit for at least 25 years. The school district must also be protected from any civil liabilities tied to the property's use.
The governing board of a school district may, with the approval of the county board of supervisors, sell or lease any building of the district together with the site upon which the building is located, without complying with any other provisions of this article, provided that the county board of supervisors finds that all of the following conditions exist:
(a)CA Education Code § 17482(a) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic organization with a membership comprised predominantly
of persons residing in the community in which the building and site are situated.
(b)CA Education Code § 17482(b) The building is not suitable for school purposes.
(c)CA Education Code § 17482(c) The building has an historic value and its preservation and utilization for the benefit of the community will best be ensured by sale or lease to an organization specified in subdivision (a).
(d)CA Education Code § 17482(d) The sale or lease is to be executed for a consideration to enure to the school district reflecting the fair market value of the property, or its fair rental value, as the case may be, except that the sale may be executed for a consideration that is less than the fair market value of the property if all of the following conditions exist:
(1)CA Education Code § 17482(d)(1) More than 50 percent of the buildings on the site have been designated as
historically significant by the State Historical Resources Commission.
(2)CA Education Code § 17482(d)(2) For a period of 25 years, commencing with the date that possession of the property is transferred, the building or buildings designated pursuant to paragraph (1) shall be used and maintained for public benefit as an historical resource, and the site shall otherwise be available for public access and use, including, but not limited to, park and recreational uses. Any violation of this condition shall result in the automatic reversion of title to the property so transferred, without remuneration, to the transferor school district. The condition set forth in this paragraph does not prohibit any use of the site that is necessary or appropriate to its use and maintenance for historical purposes.
(3)CA Education Code § 17482(d)(3) The consideration paid is equal to or greater than the sum of the actual cost of the acquisition of the property
by the school district and the actual cost of any capital improvements made to the property.
(e)CA Education Code § 17482(e) Adequate provision has been made in connection with the sale or lease transaction to protect the district against all civil liabilities which might arise in connection with any use of the building and site.
school district property sale nonprofit organization lease historic building preservation community benefit fair market value consideration State Historical Resources Commission public access requirements automatic reversion clause civil liability protection county board of supervisors approval incorporated nonprofit tax-exempt public benefit maintenance capital improvements cost park and recreational use site historical significance
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
If the rules in this article aren’t followed, it doesn’t mean the sale or mortgage of real property is automatically canceled or void. The transfer still stands if the buyer or lender has paid something valuable for it.
The failure 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.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows the governing board of a school district to sell a building or fixture to another district they oversee. They can set the price themselves without needing bids or following other procedures. The sold property must be removed within 60 days of the sale.
The governing board of any school district, constituting the governing body of an elementary district, a high school district, or any two of those districts, may sell any building, structure, or other fixture, belonging to one of its respective districts to another district governed by it, for an amount to be fixed by the governing body, without advertisement for or receipt of bids or compliance with any other provisions of this code.
Whenever any property is sold under this section it shall be removed from the premises of
the district selling it within 60 days from the date of the sale.
school district property sale governing board building sale fixture sale no bids required transfer between districts property removal 60-day removal period district governance sale without advertisement
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)