Part 11PROPERTY ACQUISITION LAW
Section § 15850
Section § 15851
This section defines the term "board" as the State Public Works Board in the context of the legal document it's part of.
Section § 15852
The State Public Works Board takes over all the roles and powers that previously belonged to the Property Acquisition Board. This means that anything the law said the Property Acquisition Board should do is now the job of the State Public Works Board. Essentially, all responsibilities and authorities are shifted to this board as if it was named in the law from the start.
Section § 15853
This law explains how the State of California can buy or acquire different types of property for state purposes. The State Public Works Board can purchase property for state agencies with the agencies' consent, using funds allocated in the budget. Certain exceptions apply, like for the Department of Transportation or High-Speed Rail Authority, who manage their property acquisitions separately.
If the Department of Parks and Recreation needs land, the Board handles those purchases, but there are limits on spending for any single option to buy. Offers to buy must start within six or twelve months, depending on the project, and should be completed within that timeframe unless abandoned. Condemnation proceedings might start if needed, and there are provisions for reporting on the progress to the legislature if delays occur.
Additionally, the Board can also buy any furniture within the properties they acquire if the owner is willing to sell them. However, this section doesn't apply to conservation easements under a specific environmental program.
Section § 15854
This law states that property can be taken through a formal process known as condemnation, following specific steps outlined in another part of California's legal system, called the Code of Civil Procedure.
Section § 15854.1
If you own property that's been acquired under this rule, you can ask the board to work out a deal on how you'll get paid for it. You might choose to receive the payment in installments over up to 10 years. You can also include interest payments in this deal, but the interest rate can't be higher than what's allowed by certain other sections about bonds.
Section § 15854.5
This law section talks about safety and planning for state university sites near airports. Before buying a new site for a university, the trustees must notify the Department of Aeronautics if the site is within two miles of an airport. The department then checks the potential impact and reports back in 25 days. If the department doesn’t exist, they must inform the Federal Aviation Agency or a similar one. The trustees also need to investigate the site and report their findings and recommendations within 30 days. The board cannot proceed with buying the property until they get the report. If the report advises against the purchase, the board must wait 30 days and must present the report at a public hearing before they can consider buying it.
Section § 15855
This law establishes that the State Public Works Board is generally the only state agency that can use eminent domain to acquire property for state purposes, unless otherwise stated. However, certain agencies like the Department of Transportation, High-Speed Rail Authority, and others are exceptions and can also use eminent domain. If a property is needed for the high-speed train system, any eminent domain proceedings started by the State Public Works Board will automatically switch to the High-Speed Rail Authority. This substitution happens automatically and doesn’t require a formal order, but a notice must be filed and served to all parties involved.
Section § 15857
This law allows a board to negotiate with a property owner about the payment they'll receive if their property is being taken over for public use, known as condemnation. The agreed payment can then be officially included in the legal process that handles the property takeover.
Section § 15860
This section explains how funds allocated for buying real estate can cover various costs like investigations, surveys, and expert fees. These expenses help evaluate if a property is suitable for purchase. The Director of General Services submits these claims for payment, but for properties acquired by the Department of Parks and Recreation, the Director of Parks and Recreation handles it instead. All payments are then processed by the Controller.
Section § 15861
If building student housing on part of a state university's campus would disrupt the campus's development, the board can approve using that land for other university needs. The Trustees must first choose another location on campus for the student housing.
Section § 15862
This law explains how the ownership and control of real estate acquired by the state of California, specifically under the Trial Court Facilities Act of 2002, is handled. Once the state acquires any real property, it is generally placed under the control of the Judicial Council immediately. However, if the property is acquired for a specific use not yet required, the Department of General Services retains control until it's needed. The Director of General Services can transfer control before this time if beneficial to the state. Additionally, the Department has authority to lease, maintain, improve, or even sell removed structures from the property before it's needed.
Section § 15862.5
This law states that when the California Department of Parks and Recreation acquires real estate or property interests under specific codes, they immediately gain control over it upon the state's title transfer. The department must also work to ensure that this property is open and available for public use as quickly as possible.
Section § 15863
The law states that money earned from specific state property sales should first go into a special account to pay off bonds related to California's Economic Recovery Bond Act until those bonds are fully paid. Once the bonds are paid off, the money will go into a fund for unexpected economic needs. Additionally, any rent collected from these properties should go into another account that helps manage and buy property, and this rent money can be used by the Department of General Services if approved.
Section § 15864
This law explains how claims for real estate purchases made by the government are handled under specific appropriations. It assigns responsibility to the Director of General Services to file claims related to acquiring real property for general state purposes. The Controller then issues payment for these claims. Additionally, when it comes to acquiring real estate specifically for the state park system, this responsibility falls to the Director of Parks and Recreation, who also files claims for expenditure authorization.
Section § 15865
This law states that if the government has leftover money from buying land, that extra money can be shifted to help buy other land related to the same purpose. However, money set aside for projects within a specific state department cannot be moved to a different department's projects. The law also clarifies that funds for specific types of buildings, like state offices and garages, are meant for the Department of General Services.
Section § 15866
This law allows the board to take out money from a budgeted amount without providing immediate proof of expenses. The Director of Finance must approve this withdrawal. It's intended for situations where quick payments or cash advances are needed.