CHAPTER 9. Discontinuance of Parks

Chapter 9 added by Stats. 1949, Ch. 79.

§§ 38400–38510 · 45 sections

1. ARTICLE 1. Parks Dedicated by Original Town Site Map or Plat §§ 38400–38418 · 19 sections

   • § 38400 As used in this article, “original dedicator” includes any person, or that person’s successors and assigns, who has dedicated any land in the city for use as a…
   • § 38401 “Abutting property” includes any property adjoining, or fronting on the park.
   • § 38402 As used in this article, “interested person” means any person owning an interest in the park or the land embraced within it as reversioner, remainderman,…
   • § 38403 The legislative body may abandon a park and sell the land comprising it pursuant to this article when: (a) A plat or map of a town site has been recorded in…
   • § 38404 Proceedings are initiated when the legislative body adopts a resolution of intention, describing the park and the property to be acquired from the sale…
   • § 38405 The resolution shall be published once a week for at least the three weeks before the day fixed for final action, in a newspaper of general circulation…
   • § 38406 At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting.…
   • § 38407 If the original dedicator or the owners of a majority of the lots abutting on the park protest in writing, or the legislative body sustains the protests made…
   • § 38408 If the original dedicator does not protest, the majority of such owners do not protest in writing, and the other protests are overruled, the legislative body…
   • § 38409 Upon ordering the park abandoned, the legislative body shall appoint and fix the compensation of three appraisers to assess the damages to abutting property…
   • § 38410 The appraisers shall proceed with diligence to determine the damages which will result to each parcel of abutting property, and file a written report of their…
   • § 38411 Without delay the clerk shall give notice of the filing, stating the time and place the report will be considered by the legislative body, and require any…
   • § 38412 The notice shall be published for at least two weeks before the meeting in a newspaper published in the city, or if there is none, it shall be posted in three…
   • § 38413 At the time fixed, the legislative body shall pass on the report and any objections that are made to it. The legislative body may confirm, correct, or modify…
   • § 38414 Upon adoption of the report, warrants shall be drawn in favor of the owners to whom damages are allowed in the amount specified in the report. The warrants are…
   • § 38415 The legislative body may employ and fix the compensation of such legal or other assistants as it deems necessary to sell the land for the best advantage to the…
   • § 38416 The legislative body may determine when and at what price or terms the land or any part of it will be sold. Credit terms shall not exceed four years, and…
   • § 38417 When authorized by a majority vote of the legislative body, the mayor and clerk shall sign, acknowledge, and deliver a deed to the land in the name and under…
   • § 38418 The sale proceeds shall be deposited in the city treasury in a special fund and used exclusively for the payment of damages and the purchase and improvement of…
2. ARTICLE 2. Parks Dedicated by City §§ 38440–38462 · 16 sections

   • § 38440 A city may discontinue and abandon the use as a public park of any land owned in fee by it and dedicated or placed in such use by such city, and thereafter…
   • § 38441 Without a special election, the legislative body may convey a minor portion of such a park in exchange for an equal or greater area or value of privately owned…
   • § 38442 Except as provided in Section 38441, this article shall not be construed to authorize: (a) A discontinuance and abandonment, or change in the use, of such…
   • § 38443 Proceedings are initiated when the legislative body adopts a resolution declaring that public interest or convenience requires the discontinuance of the use of…
   • § 38444 The resolution shall: (a) Contain an accurate description of the lands. (b) State the common name of the park. (c) State the disposition which the legislative…
   • § 38445 The city clerk shall cause the resolution to be published twice in a daily newspaper published and circulated in the city, or if there is none, twice in a…
   • § 38446 The park superintendent or another person designated by the legislative body shall cause at least three notices of the adoption of the resolution to be posted…
   • § 38447 The posted notices shall be headed: “Notice of proposed discontinuance of public park land” in legible characters, state the date of adoption of the…
   • § 38448 At any time before the hour set for the hearing, any person or persons interested may protest in writing against the proposed abandonment and discontinuance,…
   • § 38449 At the time set for the hearing or to which it is postponed, the legislative body shall hear and pass upon all such protests.
   • § 38450 Protests are sustained unless overruled by two-thirds vote of the legislative body. The legislative body may sustain protests as to one portion, and overrule…
   • § 38451 If a majority of the electors voting on the proposition are in favor of it, the legislative body shall adopt an ordinance declaring that use of the land…
   • § 38452 If less than a majority of such electors vote for it, the legislative body shall not initiate proceedings for discontinuance of the use of such land for park…
   • § 38460 When the ordinance becomes effective, the land described in it is deemed held by the city in fee. The city may sell or otherwise dispose of the property in the…
   • § 38461 If the land was acquired by money derived from bonds authorized for park purposes, and the land sold, the reasonable market value of the land at the time of…
   • § 38462 Except as permitted by general laws allowing diversions of bond funds, money so transferred shall be devoted only to the purposes for which the bonds were…
3. ARTICLE 3. Municipal Park Abandonment Law of 1939 §§ 38501–38510 · 10 sections

   • § 38501 The legislative body may abandon all or any portion of a park and sell the land comprising it pursuant to this article, if it finds that all or any portion of…
   • § 38502 If the land comprising all or any part of such park has been purchased from funds realized from the sale of bonds of a bond issue authorized for the purpose of…
   • § 38503 Before abandoning all or a part of such park, the legislative body shall adopt a resolution of intention, describing the park or the portion of it proposed to…
   • § 38504 The resolution shall be published pursuant to Section 6063 in a newspaper of general circulation published in the city or, if there is none, in any newspaper…
   • § 38505 At the time stated in the resolution, the legislative body shall meet, and hear and pass on objections to the abandonment of all or a portion of the park. If…
   • § 38506 If all objections are overruled, the legislative body has jurisdiction to order all or any portion of the park abandoned and the land sold.
   • § 38507 The legislative body may employ any legal or other assistants that it deems necessary to sell the land for the best advantage of the city, and may fix and pay…
   • § 38508 The legislative body may order the land sold in one block or in lots or parcels, for cash or on credit, as it deems most advantageous to the city. Credit terms…
   • § 38509 When authorized by a majority vote of the legislative body, the mayor and the city clerk shall sign, acknowledge, and deliver a deed to the land or part sold…
   • § 38510 No abandonment or sale of a park pursuant to this article shall affect any private easement or other right in lands acquired or owned by any private person or…