This chapter shall be known as the Public Park Preservation Act of 1971.
Chapter 2.5Preservation of Public Parks
Section § 5400
This law is called the Public Park Preservation Act of 1971. It focuses on preserving public parks.
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Section § 5400.5
This law specifies that when the term "public park" is used in this chapter, it refers exclusively to parks that are managed by a government-related agency.
As used in this chapter “public park” includes only a park operated by a public agency.
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Section § 5400.6
This law defines "operating entity" as the owner of both the park land and its facilities.
As used in this chapter “operating entity” means the entity owning the park land and the facilities thereon.
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Section § 5401
This law states that if any government entity or public utility in California wants to take over land that is currently being used as a public park for another purpose, they must compensate the body in charge of the park. This compensation can be in the form of money or other land to replace the park space and its facilities.
If the entity looking to acquire the park land is also the entity operating it, they must follow rules for both acquiring and operating, ensuring funds or land are made available, and that new park lands are acquired or improved as guided by specific sections of the law.
(a)CA Public Resources Code § 5401(a) No city, city and county, county, public district, or agency of the state, including any division, department or agency of the state government, or public utility, shall acquire (by purchase, exchange, condemnation, or otherwise) any real property, which property is in use as a public park at the time of such acquisition, for the purpose of utilizing such property for any nonpark purpose, unless the acquiring entity pays or transfers to the legislative body of the entity operating the park sufficient compensation or land, or both, as required by the provisions of this chapter to enable the operating entity to replace the park land and the facilities thereon.
(b)CA Public Resources Code § 5401(b) Where the operating entity and the acquiring entity are one and the same, the entity is subject to the provisions of this chapter pertaining to both operating and acquiring entities, and the entity is, as acquiring entity, required to make funds or land, or both, available pursuant to Section 5405 or 5407.2, and, as operating entity, required to acquire or improve park lands and facilities pursuant to Sections 5404, 5407, 5407.1, and 5407.2.
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Section § 5402
This law states that rules from this chapter do not apply when obtaining real estate or interests in real estate if it's for building or maintaining underground utility services.
The provisions of this chapter shall not apply to the acquisition of real property or any interest in real property for the construction or maintenance of underground utility services.
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Section § 5403
This law states that if a public utility, regardless of ownership type, needs to acquire land or an interest in land to provide services to a public park, and it's not practical to put those services or facilities underground, the chapter's rules don't apply to them.
The provisions of this chapter shall not apply to a public utility, whether privately or publicly owned, acquiring real property or an interest in real property for the purpose of providing services to the public park, if it is not feasible to place the utility services or facility underground.
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Section § 5403.5
This law section says that public utilities don't have to follow the rules in this chapter when they are acquiring land to be used as a waterway. However, this exception only applies if the utility's governing body decides, with a majority vote, that the waterway will benefit the park's recreational or visual appeal.
The provisions of this chapter shall not apply to a public utility, whether privately or publicly owned, acquiring real property or any interest in real property as a waterway; provided, that the legislative body of the operating entity determines by a majority vote that such waterway would preserve or enhance the recreational or aesthetic values of the park.
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Section § 5404
If park land and facilities are taken over, the operating entity must replace them with new ones. However, if only a small part (less than 10%, but not more than one acre) is acquired, the entity can choose not to buy new land. Instead, they can spend the money received on making improvements to the remaining park land, but they must hold a public hearing and get approval from their legislative body in a majority vote.
In the event that the park land and facilities are acquired, the operating entity shall acquire substitute park land and facilities. If, however, less than 10 percent of the park land, but not more than one acre, is acquired, the operating entity may, instead of acquiring substitute park land and facilities, improve the unacquired portion of the park land and facilities, using the funds received for this purpose, after holding a public hearing on the matter and upon a majority vote of its legislative body.
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Section § 5405
This law outlines how much compensation or substitute land must be given if a park's land and facilities are taken over, unless another specific section applies. The replacement must be of equal size and quality to ensure that those who used the original park can still use the new one. The options are to either buy new land and facilities to match the old ones, or a mix of both new land and financial compensation to make up for the difference, always ensuring they are similarly accessible to the same community.
Unless the provisions of Section 5407.2 are applicable, the amount of compensation or land, or both, required by this chapter for the taking of the park land and facilities shall be equal to one of the following:
(a)CA Public Resources Code § 5405(a) The cost of acquiring substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the existing park land and facilities, and the cost of acquiring substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon.
(b)CA Public Resources Code § 5405(b) Substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land by generally the same persons who used the existing park land, and the cost of acquiring substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon.
(c)CA Public Resources Code § 5405(c) Any combination of substitute park land and compensation in an amount sufficient to provide substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the existing park land and facilities, and to provide substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon.
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Section § 5406
This law section outlines the procedure for when a park is being acquired by another entity. If the acquiring entity offers compensation or land, the park's operating body can agree to the terms after confirming compliance with certain requirements and holding a public hearing. However, if less than 10% of the state park is acquired, they can follow their existing procedures. After this, notices must be posted at the park within 45 days. Residents can challenge the agreement in court. If no agreement is made within six months, the matter can be taken to court for a determination on compensation. The court has the authority to approve or reject proposals based on compliance with specific statutory requirements.
Upon receiving an offer of compensation or land, or both, from the acquiring entity for the acquisition of the park, the legislative body of the operating entity may enter into an agreement with the acquiring entity to the effect that the acquiring entity has complied with the requirements of Section 5405 or Section 5407.2 in determining the amount of compensation or land, or both. Such agreement may be entered into only after a public hearing, except where less than 10 percent of the total area of a state park is acquired, in which case the operating entity shall follow the procedure it adopts for such purposes. Within 45 days of the public hearing, due notice shall be conspicuously posted at the park being acquired, including along its exterior boundaries, at all entrances, and on the recreation building, if any exists. Any resident of the operating entity may bring an action in the superior court of the county in which the park is located for determination of whether such agreement complies with the requirements of Section 5405 or Section 5407.2. If no such agreement has been entered into within six months after the receipt of such offer, either party may submit a proposal for compensation or land, or both, to the superior court of the county in which the park to be acquired is located for the determination of proper compensation. The court may reject any such proposal as not meeting the requirements of Section 5405 or Section 5407.2. The court may approve only one proposal as meeting such requirements.
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Section § 5407
This law section states that if park land isn't improved as described in another part of the law, any money or land received by the entity in charge must be used to buy or create new park land and facilities. This needs to be done following specific rules in sections 5407.1 or 5407.2.
Unless improvement of an unacquired portion of the park land and facilities is undertaken pursuant to Section 5404, all funds, or land and funds received by the operating entity shall be used to obtain or provide substitute park land and facilities in accordance with the provisions of Section 5407.1 or Section 5407.2.
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Section § 5407.1
If a park is replaced by another park, the new park must be similar in features and size and be easily accessible to the same community. However, the park can have different features if it's legally allowed, and there are strong reasons for it. This change must be recommended by the park commission and approved by a three-fourths vote from the governing body, after a public hearing where the community is notified and can share their opinions.
Such substitute park land and facilities shall be of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the acquired park land and facilities. However, the operating entity, after holding a public hearing, with due notice posted at the park being acquired, and after finding on the basis of evidence submitted at such hearing that there are compelling reasons for acquiring a substitute park of a different character, may, upon the recommendation of the park commission or if none exists, upon the recommendation of the administrative department, unit or agency charged with the responsibility for the maintenance and operation of the park land and facilities, and by a three-fourths vote of its legislative body, provided it is otherwise legally permissible to do so, change the general character of the substitute park land and facilities.
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Section § 5407.2
This law allows a park's location to be changed if it's deemed unnecessary at its current location and there's a good reason to move it elsewhere. A public hearing must be held to gather evidence and recommendations from the park commission or relevant agency. After that, a three-fourths vote from the legislative body is needed to approve the change. If the park's location changes, compensation for the land will be based on its market value, including any improvements made to it.
The operating entity, after holding a public hearing, with due notice posted at the park being acquired, and after finding on the basis of evidence submitted at such hearing that there is a lack of need for the park in its present location and that there are compelling reasons for acquiring a substitute park in another general location, may, upon the recommendation of the park commission or if none exists, upon the recommendation of the administrative department, unit or agency charged with the responsibility for the maintenance and operation of the park land and facilities, and by a three-fourths vote of its legislative body, provided it is otherwise legally permissible to do so, change the general location of the substitute park land and facilities.
If the legislative body votes to change the general location of the substitute park land and facilities, the amount of compensation or land, or both, for the taking of the park land and facilities shall be determined on the basis of the fair market value of the property taken, considering all the uses for which it is available and adaptable regardless of its dedication to park purposes, plus the value of any and all improvements constructed thereon.
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Section § 5408
This law means that if a public entity or a utility doesn't follow the rules in this chapter, it won't make an acquisition they've made invalid. Basically, even if they mess up the process, the deal itself still stands.
Failure of any public entity or public utility to comply with any provision of this chapter shall not affect the validity of an acquisition by such entity or utility.
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Section § 5409
This law makes it clear that the chapter does not allow the acquisition of public park land, meaning that no one can buy, trade, take by force, or obtain it in any other way.
Nothing in this chapter shall be construed to authorize the acquisition of public park property by purchase, exchange, condemnation, or otherwise.
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