As used in this chapter “public entity” means any county, city, or public district.
Chapter 6Watershed Lands
Section § 5800
This section defines a 'public entity' as a county, city, or public district.
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Section § 5801
This law states that if a public entity buys land to protect a watershed, it cannot sell that land without following specific rules laid out in this chapter. It's important to note that the term 'land' here doesn't include easements, which are rights to use someone else's property for a particular purpose.
Whenever any public entity acquires, or has acquired, land for the purpose of watershed protection, it shall not sell such land without complying with the provisions of this chapter. As used in this section, “land” does not include easements.
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Section § 5802
Before a public entity can sell certain lands, an ordinance must be approved. This ordinance must indicate that it's subject to a referendum, meaning the public can vote on it. After the ordinance is adopted, it needs to be published according to legal requirements. If people disagree with the ordinance, they have 30 days to file a protest petition after it's passed.
Except as provided in Section 5803, all sales by a public entity of land described in Section 5801 shall first be approved by ordinance which shall state that it is subject to the provisions for referendum applicable to such public entity.
Any ordinance subject to referendum under this section shall be published after adoption as required by law for ordinances of the public entity generally, or, if there be no such requirement applicable to such ordinance, then once, pursuant to the provisions of Section 6040 to 6044, inclusive, of the Government Code, within 15 days after the adoption of such ordinance.
Any petition protesting the adoption of the ordinance shall be filed with the public entity within 30 days from the date of final passage of the ordinance.
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Section § 5803
This law states that certain types of land sales or exchanges are not covered by this chapter. Specifically, this includes sales to neighboring landowners, sales related to land purchases, sales or transfers to public entities, and sales of small parcels of land that are 10 acres or less. However, these transactions still need to be approved during a public meeting held by the governing body of the public entity involved.
This chapter shall not apply to sales or exchanges to adjacent landowners, sales incident to land acquisitions, sales or transfers to other public entities, or sales of parcels of 10 acres or less in size, except that any such sales or transfers shall be approved at a public meeting of the governing body of the public entity.
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Section § 5804
This law allows the governing body of a public entity that normally can’t create ordinances to introduce and pass a specific ordinance required by another law (Section 5802) during their regular or rescheduled meetings.
If a public entity does not have statutory power to enact ordinances, the governing body of such public entity is hereby empowered to introduce and enact the ordinance required by Section 5802 at any regular or adjourned regular meeting.
public entity ordinance enactment statutory power limitations governing body authorization Section 5802 ordinance regular meeting ordinance adjourned regular meeting ordinance introduction enactment process public entity governance non-statutory power
