City PropertyGeneral
Section § 37350
This law allows a city to buy, rent, own, and manage both real estate and other types of property. The city can also control and use or sell these properties to benefit the community as a whole.
Section § 37350.5
This law allows a city to use eminent domain, which means it has the right to take private property if necessary to perform its duties or exercise its powers.
Section § 37351
The city government can buy, lease, trade, or receive property inside or outside city limits for city purposes. They can manage and sell this property for the city's benefit. However, they can't sell water front property unless it's to the State for a beach or park, or unless a large majority (four-fifths) of the governing body decides the property isn't suitable for such uses.
Section § 37351.5
This law allows a city’s legislative body in California to guarantee payments on financing agreements for property leases or lease-purchases by using lease revenue bonds or certificates of participation. To do this, the city must notify the Controller of its decision, detailing the payment schedule and appointing a trustee. If the city cannot make a payment, it must inform the trustee, who will then notify bondholders and the Controller. The Controller can then redirect funds from the city's share of the Motor Vehicle License Fee Account to make the payment, reducing future allocations to the city as needed. Importantly, this does not obligate the State of California to cover any city debts or liabilities.
Section § 37352
This law allows local government bodies to build and maintain buildings for city-related activities.
Section § 37352.1
After January 1, 1980, any new construction, purchase, or lease of buildings in large city areas with public transit should consider being located near existing public transit routes. If a building is not near public transit, it can only be approved if the building doesn't need transit access, it's not practical to build near transit, or if transit services can be arranged to serve the building. The legislative body can ask the transit service for help in making these decisions and must inform them of the final decision.
Section § 37352.2
This law says that for a legislative body to meet certain requirements regarding public buildings, it must either get approval from a transportation planning agency for its methods of considering the location of current public transit routes, or it must be the same entity that runs the local transit system.
Additionally, before the transportation planning agency can approve these methods, local transit operators in the county have 45 days to review and provide feedback.
Section § 37353
This law allows a local government to buy property for specific purposes, such as creating parking spaces, building streets, alleys, or tunnels, and constructing new golf courses. They can use their general funds to cover the costs of developing these areas. However, they are not permitted to take over existing golf courses using eminent domain, which is the power to compel the sale of property for public use.
Section § 37354
This law allows a city's legislative body to decide whether to accept or reject gifts, bequests, or devises given to the city or its officers for public purposes.
If accepted, the city can manage and use these gifts as specified by the giver's terms.
Section § 37355
This law states that if someone gives property or money to a government body in their will or as a gift and doesn't specify how it should be used, the government body can decide how to use it.
Section § 37356
This law allows the city to grant temporary permits for building passageways or structures over or under public alleys to connect nearby buildings and make it easier for people to use the streets. However, these structures must be built so they don't disrupt traffic, and the city can control how they are used.
Section § 37357
This law allows a local government group to let property owners or business owners in manufacturing or industry build and use railway tracks from their property to a nearby railroad. However, this permission can be taken back by the government group at any time.
Section § 37358
This law allows a city in California, which has received tide and submerged lands from the State, to give part of these lands to the U.S. government for public or governmental purposes, like military use. However, this can only happen if most of the city's voters agree to it in an election.
Section § 37359
This law allows a city's legislative body to limit or withdraw public access to city-owned or controlled property at any time. They can set restrictions on how or when the public can use the property. Anyone using the property without permission or against the rules set by the city is considered a trespasser. However, this does not affect individuals who have a private legal right to the property.
Section § 37360
This law allows a city to negotiate a compromise with the United States when the federal government wants to take over tide, submerged, or reclaimed city lands through eminent domain. However, the law makes sure that such compromises don't give up any state's rights to oil, gas, and mineral deposits on those lands, as these rights are protected under another section of the law.
Section § 37361
This law allows local governments to buy property to preserve historical landmarks or create recreational spaces. They can also set rules to protect and enhance places with special historical or aesthetic value, and even regulate the appearance of nearby private properties. However, these rules don't apply to noncommercial properties owned by religious organizations, unless the owners agree. This exception is specifically for properties that claim the application of such rules would cause significant financial or operational hardship. Any existing rules before 1994 remain enforced, and the authority of cities to enforce these conditions is not affected.
Section § 37361.1
This law allows a city to transfer ownership of extra real estate with historical value to a nonprofit organization that focuses on preserving and promoting local history. The transfer conditions require the property to be restored or preserved for the city's citizens. If the organization tries to sell the property to a non-qualifying entity, ownership returns to the city.
Section § 37362
This law acknowledges that many low to moderate-income families struggle to buy homes at market prices. It highlights that cities sometimes own houses needing major repairs before they can be livable. To help with homeownership and upkeep of housing, the law allows cities to sell these properties for less than market value to such families. However, the buyers must promise to fix up the home and live there for a certain period. This rule also applies to cities with their own charters.
Section § 37363
This law allows a city government to sell residential properties it owns for less than market value if it benefits public interest. The city must create a rule outlining how the sale will happen, who can buy it, and their responsibilities such as living in and fixing up the property. Buyers must meet all conditions before they get ownership. Only low to moderate-income families can buy these properties, and the city should aim to help very low-income families as much as possible. This law applies even if the city has its own charter rules.
Section § 37364
This law emphasizes the importance of providing affordable housing in California and allows cities to use their real estate to create such housing for low or moderate-income individuals and families. Cities can sell or lease property for less than market value to build affordable housing, as long as it's in the city's best interest.
At least 80% of a parcel must be used for housing development, with 40% of the units being affordable to lower-income households, including those with very low income. Additionally, for at least 30 years, these units must remain affordable, as specified in a regulatory agreement recorded with the county.
The policy applies to all cities, including charter cities, and uses definitions of income levels from the Health and Safety Code.