Section § 66907

Explanation

This law states that a conservancy can choose and acquire real estate for the state to protect the natural environment and provide public access or recreational spaces. It also includes preserving wildlife habitats and managing such lands. The conservancy is the main agency tasked with acquiring these properties under a specific title.

The conservancy may select and acquire real property or interests therein in the name of and on behalf of the state, for the purposes of protecting the natural environment, providing public access or public recreational facilities, preserving wildlife habitat areas, or providing access to or management of acquired lands. The conservancy is hereby designated as the principal agency responsible for acquiring real property pursuant to Title 7.43 (commencing with Section 66950).

Section § 66907.1

Explanation

This section allows the conservancy to acquire land through various methods such as exchanges, easements, and leases, instead of just buying land outright. They can also form advisory bodies to guide these land acquisitions. The process for setting their land acquisition policy doesn’t have to follow certain government procedural rules.

(a)CA Government Code § 66907.1(a) The conservancy may acquire interests in land by means of land exchanges and is authorized to enter into all alternatives to the acquisition of fee interests in land, including, but not limited to, the acquisition of easements, development rights, life estates, leases, and leaseback agreements. Land acquisition policy shall be set by the conservancy by resolution and the establishment of the policy is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(b)CA Government Code § 66907.1(b) The conservancy may appoint advisory bodies on land acquisition as it deems advisable.

Section § 66907.2

Explanation

This law allows the conservancy to accept and keep real estate or any rights in property that it receives as a gift, through exchange, as a donation, or through dedication.

The conservancy is authorized to accept and hold real property or any interest therein acquired through gift, exchange, donation, or dedication.

Section § 66907.3

Explanation

This law allows the conservancy, which manages public lands, to partner with other public agencies to handle real estate tasks. It can give these agencies the power to make deals for buying or selling property or property interests.

The conservancy may designate or enter into an agreement with any public agency to provide real estate services and assign authority to execute agreements for the acquisition or disposal of real property or interests therein.

Section § 66907.4

Explanation

This law section explains that if the state is buying real estate worth more than $550,000 for each piece, it must follow strict procedures known as the Property Acquisition Law. For property purchases under this amount, those rules don't apply, but the conservancy has the option to ask for an extra review by the State Public Works Board if it chooses.

(a)CA Government Code § 66907.4(a) Acquisition of real property or interests therein under this title, when the value is in excess of five hundred fifty thousand dollars ($550,000) per lot or parcel, is subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2).
(b)CA Government Code § 66907.4(b) Except as set forth in subdivision (a), acquisition of real property or interests under this title is not subject to the Property Acquisition Law. However, the conservancy may request the State Public Works Board to review and approve specific acquisitions.

Section § 66907.5

Explanation

This law allows the conservancy to request the State Public Works Board to use eminent domain to acquire property if they've tried all reasonable ways to buy it and still can't. This can be done if there's a block to a voluntary acquisition or if it's needed for related projects.

The conservancy may request the State Public Works Board to exercise the power of eminent domain pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2), if the requirements of Section 66906.4 are met and the conservancy finds that all reasonable efforts to acquire the property have failed and that the action is necessary to remove an impediment to an otherwise voluntary acquisition or is needed to achieve the purposes of other related acquisitions.

Section § 66907.6

Explanation

This law allows the conservancy to agree to buy land or a partial interest in land, despite any other laws that might say otherwise.

Notwithstanding any other provisions of law, the conservancy may enter into an option to purchase lands in fee or lesser interest.

Section § 66907.7

Explanation

This law allows the conservancy to give grants to local, state, and federal agencies, as well as certain nonprofit organizations and tribes, for objectives related to the conservancy's mission. When nonprofits use these grants to buy property, the purchase price must be fair market value, and the conservancy must approve both the purchase and any future use of the property as loan collateral. If the nonprofit disbands, ownership of the property bought with the state's help passes to the state unless another approved organization takes over. Grants are also available to public agencies for up to two-thirds of costs to relocate utilities for soil erosion projects, provided certain conditions are met, such as the relocation being necessary and not funded by other public sources.

(a)CA Government Code § 66907.7(a) The conservancy may award grants to local public agencies, state agencies, federal agencies, federally recognized Indian tribes, the Tahoe transportation district established under Section 66801, and nonprofit organizations, for the purposes of this title.
(b)CA Government Code § 66907.7(b) Grants to nonprofit organizations for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(1)CA Government Code § 66907.7(b)(1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy.
(2)CA Government Code § 66907.7(b)(2) The conservancy approves the terms under which the interest in land is acquired.
(3)CA Government Code § 66907.7(b)(3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt to be incurred by the nonprofit organization unless the conservancy approves the transaction.
(4)CA Government Code § 66907.7(b)(4) The transfer of land acquired pursuant to a grant shall be subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interest of the people of California.
(5)CA Government Code § 66907.7(b)(5) The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(6)CA Government Code § 66907.7(b)(6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state, except that, prior to that termination, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property, by recording its acceptance of title, together with the conservancy’s approval, in writing.
(c)CA Government Code § 66907.7(c) Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
(d)CA Government Code § 66907.7(d) A public agency is eligible to receive soil erosion grant funds for up to two-thirds of the costs of relocating water or sewer-related infrastructure owned by a publicly owned utility, if all of the following conditions are met:
(1)CA Government Code § 66907.7(d)(1) The conservancy finds that the relocation is necessary to complete an erosion control project.
(2)CA Government Code § 66907.7(d)(2) The utility is not otherwise required to relocate the infrastructure at its own cost under the terms of a permit or franchise agreement.
(3)CA Government Code § 66907.7(d)(3) The relocation cost is not eligible for funding from any other public funds.

Section § 66907.8

Explanation

This law allows a conservancy to lease, rent, sell, or exchange land or property interests to various entities such as local and state agencies, federal entities, nonprofits, and private parties to support state planning priorities, unless specified otherwise. However, the conservancy cannot sell specific properties acquired through Section 66907.5. By January 1, 2018, a report was required to be submitted to the legislature detailing the conservancy's progress towards these priorities, but this requirement became inactive on January 1, 2022.

(a)CA Government Code § 66907.8(a) Notwithstanding any other provisions of law and except as provided in subdivision (b), the conservancy may lease, rent, sell, exchange, or otherwise transfer any real property or interest therein, or option acquired under this title to local public agencies, state agencies, federal agencies, nonprofit organizations, individuals, corporate entities, or partnerships to fulfill the purposes of this title and to promote the state’s planning priorities, consistent with subdivision (i) of Section 79707 of the Water Code. The conservancy may request the Director of General Services to undertake these actions on its behalf.
(b)CA Government Code § 66907.8(b) The conservancy shall not sell any real property, or interest therein, acquired pursuant to Section 66907.5.
(c)Copy CA Government Code § 66907.8(c)
(1)Copy CA Government Code § 66907.8(c)(1) On or before January 1, 2018, the conservancy shall submit a report to the appropriate policy and fiscal committees of the Legislature on its progress toward promoting the state’s planning priorities described in subdivision (a).
(2)CA Government Code § 66907.8(c)(2) This subdivision is inoperative on January 1, 2022, pursuant to Section 10231.5.

Section § 66907.9

Explanation

This law explains that the conservancy is responsible for managing the lands and facilities it owns or controls. To do this, it can establish rules for how these lands and facilities are used, and it can work with other groups or individuals to manage them. The conservancy is also allowed to make any agreements that are legally permitted by state or federal law to help with this management.

The conservancy shall take whatever actions are reasonably necessary and incidental to the management of lands and facilities under its ownership or control. In order to carry out the purposes of this title, the conservancy may do all of the following:
(a)CA Government Code § 66907.9(a) Adopt and enforce regulations governing the use of those lands and facilities.
(b)CA Government Code § 66907.9(b) Initiate, negotiate, and participate in agreements for the management of those lands and facilities with a public agency, a corporate entity, an individual, a partnership, or other entity.
(c)CA Government Code § 66907.9(c) Enter into any other agreement authorized by state or federal law.

Section § 66907.10

Explanation

The conservancy is allowed to improve and develop land to protect the environment or achieve related goals. However, it can't develop land or make agreements for development unless it aligns with a basinwide management plan.

The conservancy may improve and develop lands for the purpose of protecting the natural environment or otherwise meeting the objectives of this title. The conservancy may not develop and may not enter into any contract or agreement which would result in the development of any land under its ownership or control, except in conformance with a basinwide management plan.

Section § 66907.11

Explanation

This law allows the conservancy to merge or divide land parcels, change boundary lines, or take similar actions when acquiring or managing land. This flexibility helps in efficiently managing the land.

The conservancy may merge or split parcels, adjust boundary lines, or take similar actions as part of the acquisition of land or as needed in order to facilitate the management of land.

Section § 66907.12

Explanation

Each year, or as needed, the conservancy's executive officer must report to the Director of General Services about important privately owned properties within the conservancy's area. These properties should have special significance and might be swapped with state-owned lands to help protect natural resources in the Tahoe Basin. However, a property's owner has to agree to be included in such a report.

Properties are considered of 'special significance' if they are valuable for public access, recreation, natural habitats like wetlands, open space, water protection, or other related purposes.

On an annual basis or as may be required, the executive officer of the conservancy shall report to the Director of General Services regarding privately owned properties within the conservancy’s jurisdiction which have special significance and which might appropriately be the subject of trades for lands owned by the state for the purposes of preserving natural resources and moderating the impacts of regulation within the Tahoe Basin. A particular property shall be included in any report only upon agreement of the owner.
For purposes of this section, “special significance” means having importance because of the land’s value for (1) public access, (2) public recreation, (3) wetlands, riparian, or other natural habitat, (4) open space, (5) protection of the waters of the region, or (6) any other purposes and objectives of this title.