Acquisitions may be made by negotiated agreement with the owners of the outstanding interests. No provision of this division is intended to confer any authority to exercise the power of eminent domain for the purposes of this division.
Chapter 3Administration
Section § 8620
The law allows for property acquisitions through negotiated agreements, meaning the parties involved must reach a mutual agreement without forced sale.
Additionally, this law explicitly states that it does not grant the authority to use eminent domain, which is a power to forcefully acquire private property for public use, for any purposes outlined in this division.
property acquisitions negotiated agreement outstanding interests eminent domain mutual agreement private property public use authority to acquire forced sale prohibition division purposes property owner rights no eminent domain power California property law voluntary sale land negotiation
Section § 8621
This law says that when purchasing land interests, the price should not be higher than their fair market value. Before buying, a trustee must check if the state has any claim to the land. If it does, the value of that claim is subtracted from the purchase price.
The purchase price shall not exceed the fair market value of the outstanding interests to be acquired. Prior to any such acquisition the trustee shall review the evidence and applicable law and shall determine whether the state may have any right, title, or interest therein and deduct from the economic value of the acquisition the value of any such state interest.
purchase price fair market value trustee responsibilities land interests state claim state right land acquisition economic value deduction trustee review property interest acquisition
Section § 8622
This law requires the trustee to send a notice called a “Notice of Potential Land Bank Acquisition” to various relevant organizations and interested parties as soon as they start a study to determine if a piece of land might be acquired. This notice needs to include a map or 'Plat' showing where the land is, what it looks like, and how big it is. The organizations that need to be notified include environmental and conservation agencies, the U.S. Army Corps of Engineers, and others who have asked to be informed of such acquisitions.
As soon as practicable after initiating a title and parcel acceptability study for possible acquisition pursuant to this division, the trustee shall mail a “Notice of Potential Land Bank Acquisition” to the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, the State Coastal Conservancy, the district office of the United States Army Corps of Engineers for the district in which the real property is located, other persons, entities, or public agencies who have previously requested to be placed on the mailing list for the notices, and any others deemed appropriate by the trustee. The notice shall contain a “Plat of Potential Land Bank Parcel,” showing the approximate location, character, and size of the parcel.
Notice of Potential Land Bank Acquisition trustee responsibilities land acquisition study Department of Fish and Wildlife San Francisco Bay Conservation and Development Commission State Coastal Conservancy United States Army Corps of Engineers mailing list notifications Plat of Potential Land Bank Parcel land location parcel size real property assessment conservation agencies environmental notification land banking process
Section § 8623
This law requires a trustee to try to buy mineral and other subsurface rights when acquiring land. If unable to do so, the trustee can still buy the land with these rights reserved if they find it unlikely they can be acquired later, the lack of rights won't harm public use, and the public benefits of the land acquisition are significant enough without these rights.
The trustee shall make all reasonable attempts to acquire the mineral and other subsurface rights in any acquisition pursuant to this division. In the event the trustee is unable to acquire the mineral and other subsurface rights, the trustee may purchase the parcel subject to the reserved subsurface rights upon the trustee expressly finding that: (1) a reasonable attempt has been made to acquire the subsurface rights without success, (2) it is unlikely that the subsurface rights can be acquired within the provisions of this division, (3) the outstanding subsurface rights are not likely to unreasonably damage or interfere with the contemplated public trust uses for the parcel, and (4) the public benefits to be derived from acquisition are so substantial that acquisition of the parcel without the subsurface rights is in the best interests of the state for the public purposes set forth in this division.
trustee responsibilities subsurface rights mineral rights acquisition public trust use reserved rights public benefits land acquisition conditions acquisition obstacles trustee due diligence subsurface rights interference state interests public purposes land parcel conditions reasonable attempt standard
Section § 8624
This law gives trustees the sole responsibility for managing a fund and any real estate purchased under this rule. They have the power to choose, buy, and transfer the property. However, they must first ask for and consider advice from other government agencies and the public before making any decisions about property selection, purchase, or transfer.
The trustee shall have the exclusive jurisdiction and authority to administer the fund and the interests in real property acquired pursuant to this division, including the selection, acquisition, and conveyance of real property by the trustee as provided in this division, provided that the trustee shall solicit and consider the comments and recommendations of other state, federal, and local public agencies and members of the public, prior to any such selection, acquisition, and conveyance.
trustee authority real property management property acquisition property conveyance public consultation interagency collaboration real estate selection fund administration trustee responsibilities property transaction stakeholder involvement real estate conveyance public agency input federal and local agencies property administration
Section § 8625
This section deals with how the state of California can receive and use funds related to land title settlements and donations for land-related projects. First, payments made to the state during these settlements can partly or entirely be set aside to buy land that will later be transferred to the state, as guided by Section 8626. Second, individuals or organizations involved in a project can donate money specifically for environmental mitigation, provided that the donation is approved by the relevant agency and the trustee has suitable land for this purpose. Lastly, any party can contribute funds to support various projects involving land, such as improving property for open space, plant or animal habitats, or public access.
(a)CA Public Resources Code § 8625(a) The consideration passing to the state in title settlements may consist, in whole or in part, of monetary payments to the trustee for deposit into the fund that are subject to a statutory trust limiting their use exclusively to the purchase of interests in a Land Bank Fund parcel and conveyance of those interests to the state pursuant to Section 8626 as soon as practicable thereafter.
(b)CA Public Resources Code § 8625(b) A project applicant may donate moneys for deposit to the fund for purposes of mitigation with the approval of the agency responsible for approving the project and the trustee shall accept the donation if land is held by the trustee for those purposes. A donation so deposited is subject to a statutory trust limiting its use exclusively to
the identified mitigation.
(c)CA Public Resources Code § 8625(c) Any party may deposit moneys into the fund for purposes of specified or unspecified projects to provide for access to or management and improvement of real property held by the trustee to provide open space, habitat for plants and animals, and public access.
title settlements monetary payments statutory trust Land Bank Fund conveyance of land mitigation donations project applicant trustee land management real property improvement public access habitat for plants and animals open space project funding environmental mitigation land acquisition
Section § 8626
When a conveyance (transfer of property) is accepted according to Section 8627, the trustee must then give the state a piece of property or interest that is worth the same amount as the payment the state made, as calculated under Section 8621.
Upon acceptance of a conveyance pursuant to Section 8627 the trustee shall thereafter convey to the state a parcel or other interest therein, whose economic value determined pursuant to Section 8621 is equal to the payment made.
conveyance acceptance trustee obligations state property transfer economic value determination property interest conveyance Section 8627 compliance property payment equivalent trustee to state transfer Section 8621 valuation property value calculation trustee property duties
Section § 8627
This section explains that the state of California will accept ownership of certain types of land, specifically tide and submerged lands, when conveyed to it. These lands will be managed under specific rules to ensure they serve public interests, like navigation and recreation, in accordance with existing laws that focus on managing coastal resources.
The state, in its sovereign capacity, shall accept any such conveyance, and the land shall thereafter be held by the state as land of the legal character of tide and submerged lands subject to the public trust under the jurisdiction of the commission pursuant to the provisions of Division 6 (commencing with Section 6001).
tide lands submerged lands public trust doctrine state ownership land conveyance coastal management jurisdiction of commission Division 6 management coastal resources navigation rights land management public resource use recreational access jurisdictional authority natural resource conservation
Section § 8628
This law states that the commission is responsible for accepting property transfers for the state, and they must ensure these transfers are officially acknowledged and recorded.
The commission shall accept the conveyances on the part of the state and shall authorize their acknowledgment and recordation.
property transfer state commission conveyance acceptance acknowledgment property recordation official recording state property real estate transactions commission duties property documentation
Section § 8629
The law states that money in a specific fund should remain there until it's spent on authorized acquisitions. Meanwhile, this money is to be placed in a pooled investment fund, and any interest earned is added back into the fund.
Until expended for acquisitions in accordance with the provisions of this division, moneys in the fund shall be deposited in the Pooled Money Investment Fund and the interest deposited in the fund.
acquisitions fund management Pooled Money Investment Fund interest earnings investment fund unexpended funds financial provisions investment management fund interest public resources finance money allocation state funds investment interest reinvestment
Section § 8630
This law allows for costs and expenses linked to acquiring something to be covered by the fund used for the purchase. However, these costs can’t be more than 5% of the total funds spent.
In addition to the purchase price to be paid, the costs and expenses attributable to the acquisition may be payable from the fund, provided that such costs shall not exceed 5 percent of the expended funds.
purchase price costs acquisition expenses fund allocation costs limitation 5 percent cap fund management expense reimbursement purchase-related expenses financial limits acquisition fund rules
Section § 8631
This section states that certain rules do not have to follow the requirements of three specific California laws: the California Environmental Quality Act, the Subdivision Map Act, and the Property Acquisition Law. Basically, this division can operate independently of these laws.
The provisions of this division shall not be subject to the provisions of the California Environmental Quality Act (commencing with Section 21000 of the Public Resources Code), the Subdivision Map Act (commencing with Section 66410 of the Government Code), or the Property Acquisition Law (commencing with Section 15850 of the Government Code).
California Environmental Quality Act exemption Subdivision Map Act exclusion Property Acquisition Law independence non-compliance with environmental laws subdivision law exception property acquisition process legal exemption provision independent operation of division regulatory exclusion division-specific rules regulatory independence law exclusion clause Act commencement sections environmental act exclusion government code exemption
Section § 8632
This section ensures that nothing in this division restricts other state agencies from purchasing land for the purpose of restoring and improving wetlands.
Nothing in this division shall be construed to impair the ability of any other state agency from acquiring lands for wetlands restoration and enhancement.
wetlands restoration land acquisition state agency wetlands enhancement environmental conservation habitat restoration land purchase ecological preservation biodiversity protection state land acquisition wetland protection restoration projects environmental agency land conservation natural resource management
Section § 8633
This law makes it clear that trustees who obtain real property still need to follow all normal state rules. They must get any necessary permits, licenses, or approvals for the work they plan to do on the property, just like anyone else.
Nothing in this division relieves the trustee or its successors in interest from any requirement to obtain state permits, licenses, or approvals otherwise required for work, activities, or uses conducted on any real property acquired pursuant to this division.
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