CHAPTER 2. Public Property

Chapter 2 added by Stats. 1949, Ch. 81.

§§ 50300–50574 · 112 sections

1. ARTICLE 1. Extraterritorial Property §§ 50300–50308 · 9 sections

   • § 50300 The Legislature declares that there are communities in the State in which a considerable portion of the agricultural lands and improved commercial and business…
   • § 50301 (a) This article applies to local agencies governed under general laws or charter. (b) “Real property” as used in this article is coextensive with lands,…
   • § 50302 This article is not applicable to the sale or lease of real property by a local agency to the State or a county, city, district, or political subdivision.
   • § 50303 A local agency shall not receive any charge in excess of a reasonable charge for the sale, leasing, licensing, or other use or disposition of its real…
   • § 50304 The economic utility of the property to the user for the purpose to which it is suited is the prime factor in determining the reasonableness of the charge. For…
   • § 50305 In selling or leasing its real property, a local agency shall first give any person who has occupied or used that property or a portion of it as a lawful…
   • § 50306 Upon a finding that the public interest will be furthered and with the approval of the legislative body, the board or officer having charge of real property…
   • § 50307 It is against public policy to permit a person to waive the benefit of any provision of this article. A person shall not waive a right of action accruing to…
   • § 50308 Notwithstanding any of the provisions of Sections 50300 to 50307, inclusive, a local agency may sell leased property, being used for nonagricultural purposes,…
2. ARTICLE 2. Grants of Property §§ 50330–50335 · 7 sections

   • § 50330 Whether governed under general laws or charter, a local agency may donate and grant to the Regents of the University of California, the Trustees of the…
   • § 50330.4 For the purposes of Section 50330, a local agency may purchase land or options on land or contract for and make downpayments on land or options on land within…
   • § 50331 A local agency may acquire and hold land within its boundaries for: (a) Developing and encouraging agricultural, horticultural, or botanical products. (b)…
   • § 50332 By a four-fifths vote of its legislative body, a local agency may donate and convey, for fairground or exposition, park, playground, or recreational purposes,…
   • § 50333 Whether governed under general laws or charter, a local agency may donate and grant to the State real property which it owns within its boundaries as a site…
   • § 50334 Whether governed under general laws or charter, a local agency may donate and grant to the United States real property which it owns within its boundaries as a…
   • § 50335 The legislative body of a local agency may convey to any public corporation, or private corporation engaged in the public utility business, an easement to lay,…
3. ARTICLE 3. Issuance of Bonds for the Acquisition of Property §§ 50360–50369 · 10 sections

   • § 50360 The legislative body of a local agency may convey land which it owns within its boundaries to the United States to be used for federal purposes and may acquire…
   • § 50361 Whenever the legislative body determines that it is desirable for the general welfare and benefit of the people, and for the interests of the local agency, it…
   • § 50362 By a four-fifths vote, the legislative body of a local agency may convey land which it owns within the state to the United States for use by the Defense…
   • § 50363 Whenever the legislative body determines that it is desirable for the general welfare and benefit of the people, and for the interest of the local agency, it…
   • § 50364 Except as modified in this article, Chapter 6, Division 3, Title 3 is applicable to bonds issued by a county pursuant to this article.
   • § 50365 Except as modified in this article, Article 1, Chapter 4, Division 4, Title 4 is applicable to bonds issued by a city pursuant to this article.
   • § 50366 A local agency may exercise the right of eminent domain to acquire any property necessary or convenient to carry out this article.
   • § 50367 The consent of the Legislature is given to the United States to acquire land upon the conditions and for the purposes set forth in this article.
   • § 50368 Title shall be transferred by a deed signed by the chairman of the legislative body and attested by the clerk under seal.
   • § 50369 The legislative body may insert in the deeds any conditions subsequent necessary to insure the use of the lands by the United States for the purposes mentioned…
4. ARTICLE 4. Parks §§ 50401–50402 · 2 sections

   • § 50401 When land has been granted to a local agency in trust or dedicated for park purposes, the construction of buildings on the land by private persons is not…
   • § 50402 (a) A city, county, or city and county owning property or leasing property which is devoted to park, amusement, or recreational purposes may make a charge for…
5. ARTICLE 6. Airports §§ 50470–50479 · 16 sections

   • § 50470 Whether governed under general laws or charter, a local agency may acquire property by purchase, condemnation, donation, lease, or otherwise for the purposes…
   • § 50471 All or any portion of land acquired by a governmental agency for airport purposes may be used for park or recreation purposes until actually needed for airport…
   • § 50472 By the methods provided by law, a local agency may incur indebtedness and issue bonds for the purposes of Section 50470.
   • § 50473 A local agency may levy taxes to raise funds to acquire land for the purposes of this article and to pay the principal and interest of bonds issued pursuant to…
   • § 50474 In connection with the erection, improvement, expansion, or maintenance of such airports or facilities, a local agency may: (a) Regulate the receipt, deposit,…
   • § 50474.1 (a) An airport operated by a city and county may require a rental car company, in writing, to collect a fee from its customers on behalf of the airport for the…
   • § 50474.20 This article shall apply to both of the following in the same manner as it applies to a rental car company and any customer facility charges collected shall be…
   • § 50474.21 (a) For purposes of this article, “customer facility charge” means any fee, including an alternative fee, required by an airport to be collected by a rental…
   • § 50474.22 (a) For purposes of this section, “customer facility charge” means any fee, including an alternative fee, required by the Los Angeles International Airport to…
   • § 50474.3 (a) A customer facility charge may be collected by a rental company under the following circumstances: (1) Collection of the fee by the rental company is…
   • § 50474.5 Whenever a local agency rents or leases hangar space at any airport owned or operated by it, the local agency may regulate the conduct of aircraft maintenance…
   • § 50475 A local agency operating or maintaining an airport may grant leases, licenses, concessions, and other privileges, regarding aviation facilities to the state or…
   • § 50476 The legislative body may acquire or construct hangars, structures, works, or other facilities on the airport required for such uses and may enter into…
   • § 50477 The contracts, leases, licenses, concessions, or privileges shall be subject to the same limitations as to duration of term provided by law for the granting of…
   • § 50478 (a) A local agency may lease or sublease property owned, leased, or otherwise controlled by it for a period not to exceed 50 years for airport purposes or…
   • § 50479 (a) On or before January 1, 2016, the airport manager of an airport operated by a city, county, city and county, or airport district that conducts commercial…
6. ARTICLE 6.5. Airport Approaches Zoning Law §§ 50485–50485.14 · 14 sections

   • § 50485 This article shall be known and may be cited as the “Airport Approaches Zoning Law.”
   • § 50485.1 As used in this article, unless the context otherwise requires: “Airport” means any area of land or water designed and set aside for the landing and taking off…
   • § 50485.2 It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the…
   • § 50485.3 In order to prevent the creation or establishment of airport hazards, every city or county having an airport hazard area within its territorial limits may…
   • § 50485.4 In the event that a city or county has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings,…
   • § 50485.5 No airport zoning regulations shall be adopted, amended or changed under this article except by action of the legislative body of the city or county in…
   • § 50485.6 Prior to the initial zoning of any airport hazard area under this article, the city or county which is to adopt the regulations shall appoint a commission, to…
   • § 50485.7 All airport zoning regulations adopted under this article shall be reasonable and none shall impose any requirement or restriction which is not reasonably…
   • § 50485.8 No airport zoning regulations adopted under this article shall require the removal, lowering, or other change or alteration of any structure or tree not…
   • § 50485.9 All airport zoning regulations adopted under this article shall provide for the administration and enforcement of such regulations by an administrative agency…
   • § 50485.10 Any airport zoning regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt,…
   • § 50485.11 Any person aggrieved or taxpayer affected by any decision of the administrative agency or of any governing body of a city or county, may petition a court for a…
   • § 50485.12 Each violation of this article or of any regulations, orders, or rulings promulgated or made pursuant to this article, shall constitute a misdemeanor. In…
   • § 50485.14 Neither this article nor anything expressed in it is intended to be or is to be construed as a denial of the power of local governing bodies and agencies to…
7. ARTICLE 7. Leases §§ 50490–50516 · 27 sections

   • § 50490 Pursuant to this article, the legislative body of a local agency may lease real property owned by it if: (a) The property was acquired for a particular purpose…
   • § 50491 The legislative body shall lease the property upon receipt of a petition signed by the owners of at least 51 percent of the property lying in the assessment…
   • § 50492 The legislative body of the local agency or assessment district shall not lease the property or use it except for the purposes for which it is acquired unless…
   • § 50493 The petition shall be in general language and no particular requirements are necessary for its validity, except it shall provide that the property be leased to…
   • § 50494 Upon receiving the petition, the legislative body may adopt a resolution of intention to lease the property according to the terms of the petition. The…
   • § 50495 The resolution of intention shall also contain a notice of the time and place persons objecting to the proposed leasing may appear before the legislative body…
   • § 50496 The clerk of the legislative body shall cause the resolution of intention to be published once a week for two successive weeks in one or more daily newspapers…
   • § 50497 At the time fixed in the resolution of intention, any owner of property assessed or being assessed to purchase the property to be leased may appear before the…
   • § 50498 At any time not later than the hour set for hearing objections, any owner of property assessed or being assessed to purchase the property to be leased may make…
   • § 50499 At the time for hearing protests, the legislative body shall hear and pass upon all protests and objections and its decision is final.
   • § 50500 The legislative body shall also pass upon the protests filed by other persons than those petitioning. If in the opinion of a majority of the legislative body…
   • § 50501 At the time for hearing protests, evidence may be produced in such order as the legislative body may summarily direct.
   • § 50502 The hearing may be continued from time to time upon the order of the legislative body.
   • § 50503 If no protests have been received by the legislative body, it may lease the property pursuant to the petition.
   • § 50504 If a majority of the owners of property assessed or being assessed protest the leasing of the property pursuant to the petition, the legislative body shall…
   • § 50505 Unless the power to proceed has ceased, at the conclusion of the hearing and on a determination of all questions arising, the legislative body shall declare…
   • § 50506 If the legislative body has denied the protests, or if no protests have been made, it shall by resolution order the property leased pursuant to the petition.
   • § 50507 In the resolution ordering the lease the legislative body shall fix a time for receiving bids for the leasing of the property and the amount of the bond…
   • § 50508 The time for receiving bids shall not be fixed until the first regular meeting of the legislative body after the expiration of 15 days following the adoption…
   • § 50509 The legislative body shall cause a notice to be posted conspicuously for five days on or near the legislative body’s chamber door.
   • § 50510 The notice shall contain the terms of the petition and an invitation for sealed bids for the leasing of the property.
   • § 50511 The notice shall be published once a week for two successive weeks in a daily, semiweekly, or weekly newspaper published or circulated in the local agency or…
   • § 50512 If the property is offered for lease at a monthly rental, all bids shall be accompanied by a bond in the amount fixed by the legislative body.
   • § 50513 If the petition requires the making of improvements upon the property and the payment of rentals in products from the land, royalties, or commissions, the…
   • § 50514 The legislative body shall award the lease to the highest responsible bidder.
   • § 50515 After the bid has been accepted by the legislative body, it shall enter into a lease with the highest bidder. The lease shall contain all the terms of the…
   • § 50516 This article shall be liberally construed to effectuate its purposes.
8. ARTICLE 8. Public Buildings §§ 50530–50535 · 6 sections

   • § 50530 As used in this article, “public square” means any area or open space showing on a map or plat of a city, town, or village which has been filed or recorded in…
   • § 50531 Pursuant to this article, after acquiring by purchase, condemnation, or otherwise all outstanding titles, reversions, easements, or other interest in or to the…
   • § 50532 The legislative body of the local agency in which the land is located shall first adopt a resolution declaring its intention to erect a public building on the…
   • § 50533 If the legislative body of the local agency in which the public square is located finds that the highest and best use to which the land may be put is the…
   • § 50534 A county and a retirement board created pursuant to the County Employees Retirement Law of 1937 may contract for the erection of public buildings on public…
   • § 50535 (a) (1) A public building that is owned by a local agency, or a portion of a building that is owned by a local agency and includes at least one restroom that…
9. ARTICLE 9. Sale of Improvements Financed by Special Assessments §§ 50550–50564 · 15 sections

   • § 50550 As used in this article, “improvements” means any or all of the following property acquired, constructed or installed by a local agency with funds derived from…
   • § 50551 Whenever the legislative body of a local agency determines by resolution that certain of its improvements are no longer useful for the purpose for which they…
   • § 50552 The legislative body shall adopt a resolution of intention, describing the improvements and stating the reason for which the improvement is proposed to be…
   • § 50553 The clerk of the legislative body shall cause the resolution of intention to be published once a week for two successive weeks in a daily, semiweekly or weekly…
   • § 50554 At the time and place fixed in the resolution of intention, any owner of property assessed or being assessed to pay for the acquisition, construction or…
   • § 50555 At any time not later than the time set for hearing objections, any owner of property assessed or being assessed to pay for the acquisition, construction or…
   • § 50556 At the time for hearing protests, the legislative body shall hear and pass upon all protests and objections to the proposed sale. If 10 percent of the owners…
   • § 50557 If the legislative body determines to proceed, it shall adopt a resolution ordering the sale of such improvement and calling for bids. The resolution shall fix…
   • § 50558 If the improvement is useful and necessary for the rendition of a service to the local agency, the legislative body shall provide that the sale is conditional…
   • § 50559 The notice inviting sealed proposals shall contain a description of the improvement, the terms and conditions of the sale, and the time and place when and…
   • § 50560 The notice shall be published at least once a week for two successive weeks in a daily, semiweekly, or weekly newspaper of general circulation in the local…
   • § 50561 The legislative body shall sell the improvement to the highest responsible bidder or may reject any or all bids.
   • § 50562 If the legislative body finds that the public interest will be furthered or that the advertising or calling for bids will not result in competitive bidding,…
   • § 50563 The proceeds of the sale of such improvement shall be distributed by the local agency to the owners of the property which has been or is being assessed to pay…
   • § 50564 This article shall be liberally construed to effectuate its purposes. The powers herein granted to local agencies shall not be construed as a limitation on any…
10. ARTICLE 10. Surplus Real Property §§ 50568–50573 · 5 sections

    • § 50568 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Persons and families of low or moderate income”…
    • § 50569 On or before December 31 of each year, each local agency as defined in Section 54951 shall make an inventory of all lands held, owned or controlled by it or…
    • § 50570 Notwithstanding the provisions of Sections 54222 and 54223, a local agency, or any department, agency or authority thereof may lease, sell or grant or…
    • § 50572 Property may be transferred under this article only after a public hearing, but without regard to other provisions of this code concerning leases of real…
    • § 50573 Any person or family of low or moderate income, housing corporation, limited dividend housing corporation, or nonprofit corporation may bring an action to…
11. ARTICLE 11. Property Within Designated Qualified Opportunity Zones § 50574 · 1 section

    • § 50574 (a) For purposes of this article, the following terms have the following meanings: (1) “Designated qualified opportunity zone” means a qualified opportunity…