Leasing of Public LandsGeneral Leasing Law
Section § 6501
In this section, whenever the term “lease” is mentioned, it also refers to a permit, easement, or license. This means that all these terms are treated similarly for the purposes of this chapter.
Section § 6501.1
This law allows state-owned lands under the control of a specific commission to be leased out for various purposes. The commission can decide what types of uses are advisable, such as leases for grazing, commercial, industrial, or recreational activities.
Section § 6501.2
This law section states that the commission is responsible for creating lease forms for various purposes like grazing, commercial, industrial, and recreational activities. These forms will include terms and conditions that serve the state's best interests.
The commission will also create application forms for each lease type.
Section § 6501.3
This law allows the state of California, through its commission or other state agencies, to make lands or land interests available to state lessees for specific purposes. The Department of Finance must approve these arrangements. However, this law explicitly prohibits making lands acquired for beach or park purposes available to lessees.
Section § 6502
If someone wants to lease state-owned land in California, they must apply to the commission that manages those lands. This application must include a description of the land and a filing fee, which cannot be more than the commission's average cost to process similar applications.
The commission has up to 180 days to decide on the application, or 90 days after any required environmental impact report is finished, whichever is later. However, the total time to make a decision cannot exceed 270 days.
Section § 6503
When someone applies to lease land, the commission is responsible for evaluating the land and deciding how much rent or other payment should be made each year.
Section § 6503.5
This law requires that rent be charged for private recreational piers built on state lands. The rent should reflect local conditions and fair rental values. However, this requirement doesn't apply to leases active as of July 1, 2011, until they end, nor does it apply to applications submitted before March 31, 2011. 'Recreational pier' refers to a structure used for docking or mooring boats.
Section § 6504
This law requires that if a competition event is held on state-owned land under the jurisdiction of the commission and offers prize money or other forms of compensation to competitors in categories separated by gender, the prize amounts must be the same for all genders at each competitive level. The commission will not approve the use of state land for events that don't meet this condition.
Section § 6505.5
This law states that leases for grazing or recreational use on state lands cannot last more than 10 years. However, when recreational use is incidental to residential use on the same property, the lease can last up to 50 years. If someone applies to buy the leased land, the current tenant must be notified by mail. The lease will end for any part of the land that is sold once the sale is approved. The tenant will be informed by registered mail about the lease termination for sold parts. For the land that isn't sold, the tenant can choose to keep the lease for its remaining term or amend it at the same rental rate, without extra fees.
Section § 6506
If someone is leasing land, their possession of it isn't considered to be against the interests of someone who starts living on the land with the intention of buying it as the law allows.
Section § 6507
This law allows for mistakes or changes in the description of a lease to be corrected or amended by the commission, as long as the leaseholder agrees and it benefits the state.
Section § 6508
This law states that any lease on certain state sections, particularly sixteenth and thirty-sixth sections, will end if the land becomes part of a national reserve or is withdrawn from public use, and then the State chooses to use those lands for something called indemnity selections. The lessee, or person holding the lease, will get a notice by registered mail if this happens.
Section § 6509
If a lease ends because the land is sold or set aside for use in compensation trades, the person renting (lessee) must return the lease to the commission. In exchange, the lessee gets a certificate showing how much of their annual payment will be refunded for the part of the land that was sold by the State.
If only part of the land is sold, two options are available to the lessee. They can either have their future rent reduced by the amount already paid or receive a certificate for the refund amount. Then, the State Controller issues a warrant for the refund from the appropriate state fund, and the State Treasurer makes the payment.