The conservancy may manage, operate, administer, and maintain the lands and facilities it acquires, in accordance with the purposes set forth in Section 32602. The conservancy may adopt regulations governing the use by the public of conservancy lands and facilities and may provide for the enforcement of those regulations.
Chapter 4Powers and Duties
Section § 32611
The conservancy has the authority to manage and take care of the lands and facilities it owns. It can create rules for how the public can use these areas and enforce those rules.
conservancy management land operation facility administration public use regulations land maintenance facility rules enforce regulations public land access conservancy oversight land stewardship facility management operation authority land use rules facility use enforcement public facility management
Section § 32612
This law allows the conservancy to buy land or land rights from willing sellers at fair market value, as long as it aligns with the conservancy's goals. The conservancy can work directly or through other public agencies and may handle special land transactions like life estates or land exchanges. It explicitly cannot use eminent domain, which is when the government forces the sale of private land for public use.
The conservancy also has the right of first refusal on surplus public agency land, which means they get the first chance to buy it if it's sold, provided it fits their goals and complies with local plans and regulations.
Before buying land that wasn't part of a pre-approved plan, the conservancy must notify the local government 30 days in advance.
(a)CA Public Resources Code § 32612(a) The conservancy may acquire real property or any interest in real property pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) within the conservancy’s territory from willing sellers and at fair market value, upon a finding that the acquisition is consistent with the purposes of the conservancy, as set forth in Section 32602. The conservancy may acquire the property itself or may coordinate the acquisition through other public agencies that have the authority to
acquire property and that have available funding or land to exchange. The conservancy may hold a remainder interest in property in those instances in which an owner desires to sell the property and retain a life estate, and may create and administer a mitigation land bank and arrange land exchanges, consistent with the purposes set forth in Section 32602. The overall objective of the land acquisition program shall be to assist in accomplishing land transactions that are mutually beneficial to the landowner and the conservancy, and that meet the conservancy’s purposes. Neither the conservancy nor the State Public Works Board shall exercise the power of eminent domain pursuant to this division.
(b)CA Public Resources Code § 32612(b) To the extent not in conflict with any other law, the conservancy may exercise the right of first refusal for surplus public agency property located within its territory for the purposes of the conservancy set forth in Section 32602 subject to the
conditions and provisions of the adopted San Gabriel and Lower Los Angeles Parkway and Open Space Plan, and shall conform to all relevant general and specific plans and zoning regulations of local agencies within the territory of the conservancy.
(c)CA Public Resources Code § 32612(c) Prior to entering into an agreement to acquire any interest in real property within the territory of the conservancy for open space or conservation purposes, the conservancy shall provide 30 days written notice to the legislative body of the affected local agency, if such a project was not included in the San Gabriel and Lower Los Angeles Parkway and Open Space Plan.
land acquisition willing sellers fair market value life estate mitigation land bank land exchange eminent domain restriction right of first refusal surplus public property local zoning compliance San Gabriel and Lower Los Angeles Parkway open space plan local agency notification property acquisition law conservation purposes
Section § 32613
This law gives the conservancy the authority to perform any necessary actions to fulfill its mission, except where other laws say otherwise. However, the conservancy cannot impose taxes, seize property through eminent domain, or control land use unless it pertains to land they own, manage, or control. Additionally, they must adhere to the local laws, regulations, and plans of any city where they plan to undertake activities.
(a)CA Public Resources Code § 32613(a) The conservancy shall have, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided.
(b)CA Public Resources Code § 32613(b) The conservancy may not levy a tax, exercise the power of eminent domain, or regulate land use except on lands it owns, manages or controls. The conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of any city in which the conservancy proposes
to take action.
conservancy authority land management regulation compliance eminent domain limits local government plans land use control tax prohibition city legislative body conservancy actions land ownership resource conservation urban planning legal compliance environmental management
Section § 32614
The conservancy has several powers to help manage and protect natural and recreational areas. It can sue or be sued and make contracts with public or private entities. It can lease, rent, sell, or transfer property to various organizations if needed for management purposes but must notify local agencies 30 days before if the project isn't part of certain plans. The conservancy can agree with other agencies or organizations to manage land and can also recruit volunteers to help with programs and projects.
It has the authority to improve sites, regulate public access, rehabilitate degraded areas, and even construct or upgrade facilities for recreation and nature appreciation, all while coordinating these projects to ensure they align with their objectives and keep local agencies informed.
The conservancy may do all of the following:
(a)CA Public Resources Code § 32614(a) Sue and be sued.
(b)CA Public Resources Code § 32614(b) Enter into contracts with any public agency, private entity, or person necessary for the proper discharge of the conservancy’s duties, and enter into a joint powers agreement with a public agency, in furtherance of the purposes set forth in Section 32602.
(c)CA Public Resources Code § 32614(c) Lease, rent, sell, exchange, or otherwise
transfer any real property or interest therein or any option acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity pursuant to terms and conditions approved by the conservancy pursuant to terms and conditions approved by the conservancy for management purposes, in accordance with the purposes set forth in Section 32602. Prior to entering into an agreement to lease, rent, sell, exchange, or otherwise transfer any real property or interest therein or any option acquired under this division within the territory of the conservancy, the conservancy shall provide 30 days written notice to the legislative body of the affected local agency, if the project was not included in the San Gabriel and Lower Los Angeles Parkway and Open Space Plan.
(d)CA Public Resources Code § 32614(d) Initiate, negotiate, and participate in an agreement for the management of land under its ownership or control by a local public
agency, state agency, federal agency, nonprofit organization, individual, or other entity, and initiate, negotiate, and participate in an agreement for the management of land under the ownership or control of any of those entities by the conservancy, in accordance with the purposes set forth in Section 32602.
(e)CA Public Resources Code § 32614(e) Enter into any other agreement with any public agency, private entity, or person necessary for the proper discharge of the conservancy’s duties for the purposes set forth in Section 32602.
(f)CA Public Resources Code § 32614(f) Recruit and coordinate volunteers and experts to conduct interpretive and recreational programs and assist with construction projects and the maintenance of parkway facilities.
(g)CA Public Resources Code § 32614(g) Undertake, within the territory, site improvement projects, regulate public access, and revegetate and otherwise rehabilitate degraded
areas, in consultation with any other public agency with appropriate jurisdiction and expertise, in accordance with the purposes set forth in Section 32602. The conservancy may also, within the territory, upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resources projection. The conservancy may undertake those projects by itself or in conjunction with another local agency; however, the conservancy shall provide overall coordination of those projects by setting priorities for the projects and by ensuring a uniform approach to projects. The conservancy may undertake those projects with prior notification to the legislative body of the local agency that has jurisdiction in the area in which the conservancy proposes to undertake that activity.
conservancy powers contract authority property transfer public agency agreements land management volunteer coordination site improvement public access regulation land rehabilitation facility construction outdoor recreation nature appreciation San Gabriel and Lower Los Angeles Parkway Open Space Plan local agency notification
Section § 32614.5
This section allows the conservancy to give grants to various government agencies and nonprofit organizations. Nonprofits can receive grants to buy real estate, but there are conditions: the purchase price can't exceed the market value determined by an approved appraisal, and the terms must be approved by the conservancy. Property acquired with these funds can't secure debts without conservancy approval; transfers must be approved too, ensuring the state's interests are protected. The state retains rights over the property if grant conditions are violated. If a nonprofit dissolves, the property reverts to the state unless transferred to another approved entity. All property deeds must mention the state’s rights.
(a)CA Public Resources Code § 32614.5(a) The conservancy may award grants to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this division.
(b)CA Public Resources Code § 32614.5(b) Grants to nonprofit organizations for the acquisition of real property or interests in real property shall be subject to all of the following conditions:
(1)CA Public Resources Code § 32614.5(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 Public Resources Code § 32614.5(b)(2) The conservancy approves the terms under which the interest in land is acquired.
(3)CA Public Resources Code § 32614.5(b)(3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt incurred by the nonprofit organization unless the conservancy approves the transaction.
(4)CA Public Resources Code § 32614.5(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 interests of the state.
(5)CA Public Resources Code § 32614.5(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 Public Resources Code § 32614.5(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 Public Resources Code § 32614.5(c) Any deed or other instrument of conveyance whereby real property is 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.
grants for nonprofits real estate acquisition fair market value appraisal conservancy approval property transfer conditions security for debt state rights on property termination of nonprofit vesting of title executory interest right of entry property deed requirements nonprofit dissolution state protective agreement property transfer to public agency
Section § 32615
This section explains that the conservancy is responsible for managing and using any funds allocated to it. These funds can be used for things like improving facilities, buying land, or supporting its ongoing work, as long as it's following the goals outlined in a specific section (32602). The conservancy can also accept money, goods, or services from both public and private sources, and use them for the same purposes.
The conservancy shall administer any funds appropriated to it, and may expend those funds for capital improvements, land acquisition, or support of the conservancy’s operations, in accordance with the purposes set forth in Section 32602. The conservancy may also accept any revenue, money, grants, goods, or services contributed to it by any public agency, private entity, or person and, upon receipt, may use the revenue, money, grants, goods, or services for capital improvements, land acquisitions, or support of the conservancy’s operations, in accordance with the
purposes set forth in Section 32602.
conservancy funds management capital improvements land acquisition conservancy operations public agency contributions private entity donations grants acceptance use of funds Section 32602 purposes revenue use goods and services contributions fund appropriation financial support resource allocation
Section § 32616
This law allows the conservancy to charge fees for using land or services they own or manage but ensures those fees don't exceed the maintenance or operational costs. All money collected goes into a specific fund, used for conservancy purposes, and is spent according to legislative appropriations.
(a)CA Public Resources Code § 32616(a) The conservancy may fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. No fee shall exceed the cost of maintaining and operating the land or of providing the service for which the fee is charged.
(b)CA Public Resources Code § 32616(b) The fee revenue and all other revenue received pursuant to this division shall be deposited in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Fund, which is hereby created in the State
Treasury. The money in the fund shall be expended by the conservancy, upon appropriation by the Legislature, for the purposes of this division.
conservancy fees land use charges service fees San Gabriel conservancy Los Angeles rivers fee revenue conservancy fund state treasury legislature appropriation operational costs maintenance costs revenue collection fund expenditure
