Kapiloff Land Bank ActAdministration
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.