CHAPTER 5. Property
Chapter 5 added by Stats. 1949, Ch. 81.
§§ 54000–54262 · 115 sections
ARTICLE 1. Horseback Riding §§ 54000–54005 · 5 sections
- § 54000 Upon application to the Department of Transportation, a flood control district, county, or city, and subject to any conditions imposed by it, permission may be…
- § 54001 A fee shall not be charged for the use of such bridle paths.
- § 54003 An equestrian group may be granted the right to erect and maintain suitable trail markers for the convenience and guidance of horseback riders, but a structure…
- § 54004 It is unlawful for any person to remove, deface, or destroy the markers, or to erect fences, barbed wire, or other obstructions on the bridle trails.
- § 54005 The granting power may extend, terminate, or modify its permission at any time.
ARTICLE 2. Automobile Parking Areas §§ 54030–54038 · 9 sections
- § 54030 As used in this article: (a) “Local agency” means city, county, or subdivision of the State. (b) “Property” means real or personal property, easement, license,…
- § 54031 By gift, lease, purchase, eminent domain, or other manner a local agency may acquire property for parking motor vehicles.
- § 54032 A local agency may use any property acquired for such purpose, or any other real property owned or possessed by it and not needed for other public use, for the…
- § 54033 It may permit use of the property by the public for such purpose when in the judgment of the legislative body such use is necessary or convenient for the…
- § 54034 In the manner other public property is leased or sublet, a local agency may lease or sublet any such property for the purpose of operating or authorizing the…
- § 54035 A local agency may construct, erect, or maintain any driveway, floor, fence, building, or other structure for the purposes of this article either in, under, or…
- § 54036 Any and all acts authorizing or providing methods for the improvement or acquisition of real property by a local agency for street, highway, library, school,…
- § 54037 The local agency may impose and collect a reasonable charge for the parking off street of motor vehicles.
- § 54038 This article provides an alternative authorization for the acquisition and use of property by local agencies for the parking of motor vehicles.
ARTICLE 3. Coliseum and Stadium Parking §§ 54060–54064 · 5 sections
- § 54060 As used in this article, “local agency” means city, county, or district agricultural association.
- § 54061 A local agency may acquire necessary real and personal property to construct, equip, operate, and maintain parking facilities in connection with any stadium or…
- § 54062 The local agency may make the parking facilities available for public use.
- § 54063 For the use of such property and facilities by the public, the local agency may make and collect a charge fixed by its legislative body.
- § 54064 For the purpose of subletting or permitting to the public parking privileges for vehicles, it may lease the parking facilities or, in the manner of granting a…
ARTICLE 4. Beach Access §§ 54090–54093 · 4 sections
- § 54090 As used in this article “public beach” means any beach area used for recreational purposes which is owned, operated or controlled by the State, any state…
- § 54091 Any city, county, or other local agency that owns, operates, or controls any public beach shall allow the use of that public beach by all persons regardless of…
- § 54092 Any city, county, or other local agency that allows any property owned, operated, or controlled by it to be used as a means of access to any public beach shall…
- § 54093 The Department of Parks and Recreation, on behalf of the state, may acquire by appropriate means easements in property owned, operated or controlled by any…
ARTICLE 4.5. Reconstruction of Buildings §§ 54096–54116 · 15 sections
- § 54096 The board may have prepared all necessary plans and specifications for buildings to be constructed or reconstructed pursuant to this article.
- § 54097 The board may establish and enforce any regulations it deems necessary for the administration and execution of this article.
- § 54098 The board may determine the terms under which buildings will be replaced or reconstructed.
- § 54099 The board may rent all or part of a building constructed or reconstructed pursuant to this article to the local agency within which the building is located.
- § 54100 The board may fix the rental to be paid by the local agency for such buildings and the terms and manner of the payment of the rental.
- § 54101 The board may insure all buildings replaced or reconstructed in a local agency by it until the total of the agreed rentals has been paid by the legislative…
- § 54102 The board may do any thing necessary to give full effect to this article.
- § 54104 The legislative body may enter into, comply with, and do all things necessary to execute an agreement with the board which is required or authorized by this…
- § 54105 Before a building is replaced or reconstructed the legislative body of the local agency and the board shall enter into an agreement which shall fix the powers,…
- § 54106 For the purposes of this article all or part of a building constructed or reconstructed by the board is the property of the State. The local agency in which…
- § 54107 The legislative body entering into an agreement to pay rentals to the board shall include in its budget for any year during which the agreement is in effect an…
- § 54111 When the legislative body has paid the board the total of the agreed rentals, the board shall convey to the local agency in the name of the State the building…
- § 54112 The legislative body of a local agency entering into an agreement with the board may pay the rental charged under the agreement out of any of its funds whose…
- § 54115 A contract shall not be let by the board until the plans have been approved by the Division of Architecture of the Department of Public Works, and in the case…
- § 54116 A school district within which a public school building is constructed or reconstructed by the board under an agreement between the governing board of the…
ARTICLE 5. Earthquake Relief §§ 54125–54130 · 7 sections
- § 54125 As used in this article: “Board” means the State Allocation Board. “Local agency” means any city, city and county, county, or public district.
- § 54126 Upon the application of the legislative body of a local agency the board may loan funds to a local agency for the replacement, repair, or reconstruction of any…
- § 54127 The provisions of Sections 54096 to 54102, inclusive, 54104 to 54107, inclusive, and 54111 to 54116, inclusive, are incorporated herein and made a part hereof…
- § 54128 The board and the local agency may agree upon the terms and conditions of payment of rentals, which shall be fixed at an amount which will return to the State…
- § 54129 In the event that the board loans funds to a local agency, the board and the local agency may agree upon the terms and conditions of the payment of the…
- § 54129.5 In the event that the board loans funds to a local agency, the board may waive any provisions of Section 54127 it deems are not applicable to or feasible for…
- § 54130 A loan provided for in Sections 54126 and 54129 shall not be made if it would provide for an indebtedness or liability contrary to the provisions of Section 18…
ARTICLE 6. Federal Surplus Property §§ 54140–54144 · 5 sections
- § 54140 This article may be cited as the “Federal Surplus Property Acquisition Law of 1945.”
- § 54141 As used in this article: (a) “Local agency” means county, city, municipal corporation, or public district. (b) “United States” includes any department, board,…
- § 54142 A local agency may acquire in any manner from the United States or the State any federal surplus property, real or personal, without regard to any law which…
- § 54143 The legislative body of any such local agency may authorize any of its officers to make a down payment or payment in full required in the bidding or sale.
- § 54144 Any statute, charter, ordinance, or resolution inconsistent with this article is suspended to the extent of such inconsistency.
ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies §§ 54201–54205 · 5 sections
- § 54201 As used in this article, the term “local agency” means every city, county, city and county, district, or any other local governmental body or corporation…
- § 54202 Every local agency shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency.…
- § 54203 If the local agency is a city, a county, or a city and county, the policies provided for in Section 54202 shall be adopted by ordinance in the manner provided…
- § 54204 If the local agency is other than a city, county, or city and county, the policies provided for in Section 54202 shall be adopted by means of a written rule or…
- § 54205 Any local agency may request the Department of General Services to make purchases of materials, equipment, or supplies on its behalf in accordance with Section…
ARTICLE 8. Surplus Land §§ 54220–54234 · 21 sections
- § 54220 (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state…
- § 54221 As used in this article, the following definitions shall apply: (a) (1) “Local agency” means every city, whether organized under general law or by charter,…
- § 54222 Except as provided in Division 23 (commencing with Section 33000) of the Public Resources Code, any local agency disposing of surplus land, declared pursuant…
- § 54222.3 This article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency.
- § 54222.3.1 (a) Subject to subdivisions (b) to (f), inclusive, this article shall not apply to the disposal of land by a city with a population exceeding 2,500,000 for use…
- § 54222.5 An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total…
- § 54223 (a) After the disposing agency has received a notice of interest from the entity desiring to purchase or lease the surplus land on terms that comply with this…
- § 54224 Nothing in this article shall preclude a local agency that purchases surplus land from a disposing agency pursuant to this article from reconveying the surplus…
- § 54225 Any local agency disposing of surplus land to an entity described in Section 54222 that intends to use the land for park or recreation purposes, for open-space…
- § 54226 (a) This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at fair market value or at less than fair market…
- § 54227 (a) In the event that any local agency disposing of surplus land receives a notice of interest to purchase or lease that land from more than one of the…
- § 54230 (a) (1) On or before December 31 of each year, each county and each city shall make a central inventory of all surplus land, as defined in subdivision (b) of…
- § 54230.5 (a) (1) A local agency that disposes of surplus land in violation of this article after receiving a notification from the Department of Housing and Community…
- § 54230.6 The failure by a local agency to comply with this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for…
- § 54230.7 (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section…
- § 54230.8 (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within the County…
- § 54231 Land acquired by a local agency for highway purposes through the expenditure of funds allocated pursuant to Chapter 3 (commencing with Section 2100) of…
- § 54232 Land retained or transferred for public park and recreational purposes pursuant to Section 54231 shall be developed within 10 years, and shall be used for at…
- § 54233 If the local agency does not agree to price and terms with an entity to which notice of availability of land was given pursuant to this article, or if no…
- § 54233.5 If a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, disposes of…
- § 54234 (a) (1) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property,…
ARTICLE 8.5. Surplus Residential Property §§ 54235–54239.6 · 23 sections
- § 54235 The Legislature reaffirms its finding that the disposition of surplus property owned by public agencies should be utilized to further state policies. The…
- § 54236 (a) As used in this article, the term “offer” means to solicit proposals prior to sale in a manner calculated to achieve a sale under the conditions specified,…
- § 54237 (a) Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities…
- § 54237.3 Notwithstanding the requirement to provide repairs in subdivision (b) of Section 54237, the Department of Transportation may offer a residence or property in…
- § 54237.5 Notwithstanding the requirement to provide repairs in subdivision (b) of Section 54237, the selling agency may, at its option, provide the present occupants…
- § 54237.7 (a) Notwithstanding Section 183.1 of the Streets and Highways Code, the Department of Transportation shall deposit proceeds from the sale of surplus…
- § 54237.8 Notwithstanding any other law, for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources…
- § 54237.9 Notwithstanding any other provision in this article, except for subdivision (f) of Section 54237, the price of property sold pursuant to this article shall not…
- § 54237.10 (a) The Legislature finds and declares that the state’s homelessness crisis has compounded the need for affordable housing described in Section 54235. To help…
- § 54238 In the event a purchaser of surplus residential property does not comply with terms, conditions, and restrictions imposed pursuant to Section 54237 of this…
- § 54238.3 (a) This article shall apply only to surplus residential properties which were acquired for a state project, for which at least 20 dwelling units were acquired…
- § 54238.4 This article is intended to benefit persons and families subject to displacement and persons and families of low or moderate income. The article shall be…
- § 54238.5 Failure to comply with the provisions of this article shall not invalidate the transfer, sale, or conveyance to a bona fide purchaser for value or an…
- § 54238.6 If a provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or…
- § 54238.7 Except those properties the Department of Transportation has in escrow as of August 15, 1997, to sell, the Department of Transportation shall not dispose of…
- § 54238.8 (a) Any surplus residential property purchased at an affordable price pursuant to this article shall be assessed at its affordable price for property tax…
- § 54238.9 (a) The Department of Transportation shall not increase the rent of a tenant who resides in a surplus residential property located within the State Route 710…
- § 54239.1 Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of Los Angeles is offered for sale pursuant to…
- § 54239.2 Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles pursuant to Section 118 of the Streets and Highways Code, the…
- § 54239.3 (a) As a condition of the sale of property to a housing-related entity pursuant to subdivision (c) of Section 54239.1 or pursuant to Section 54239.2, the…
- § 54239.4 If a surplus residential property purchased by a housing-related public entity pursuant to Section 54239.5 or 54239.6 is not resold as provided for in…
- § 54239.5 Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of Pasadena is offered for sale pursuant to…
- § 54239.6 Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of South Pasadena is offered for sale pursuant…
ARTICLE 9. Public Leasebacks §§ 54240–54245 · 6 sections
- § 54240 As used in this article: (a) “Local agency” means any county, city, city and county, public district, public entity or authority or other public or municipal…
- § 54241 No public leaseback of any local agency shall be entered into until the act of entering into a formal agreement with the public leaseback corporation shall…
- § 54242 Any ordinance subject to referendum under Section 54241 shall be published after adoption as required by law for ordinances of the local agency generally, or,…
- § 54243 In the event an ordinance enacted pursuant to Section 54241 authorizing a local agency to enter into a public leaseback is subjected to a successful referendum…
- § 54244 Section 54241 shall not apply to any public leaseback which is executed prior to the effective date of Section 54241.
- § 54245 If any one or more local or public agencies shall, prior to the effective date of Section 54241, have taken formal action to implement any one or more projects…
ARTICLE 10. The Local Government Privatization Act of 1985 §§ 54250–54256 · 7 sections
- § 54250 The following definitions shall control the construction of this article: (a) “Local agency” means any city, county, city and county, special district, or…
- § 54251 (a) A local agency may, pursuant to this article, authorize, grant, or enter into one or more exclusive or nonexclusive franchise, license, or service…
- § 54252 (a) In accordance with Section 10013 of the Public Utilities Code, prior to signing a proposed franchise, license, or service agreement with a local agency, a…
- § 54253 No proposed franchise, license, or service agreement for a privatization project pursuant to this article shall be entered into between a local agency and a…
- § 54254 A local agency’s compliance with Section 54253 shall constitute compliance with Division 3 (commencing with Section 6001) of the Public Utilities Code.
- § 54255 (a) Any ordinance subject to referendum under Section 54253 shall be published after adoption as required by law for ordinances of the local agency generally,…
- § 54256 In the event an ordinance enacted pursuant to Section 54253 authorizing a local agency to enter into a privatization project agreement is subjected to a…
ARTICLE 11. Native American Ancestral Lands §§ 54260–54262 · 3 sections
- § 54260 The Legislature finds and declares all of the following: (a) In the early decades of California’s statehood, the relationship between the state and California…
- § 54261 For the purposes of this article, the following terms shall have the following meanings: (a) “Economic benefits” may include, but are not limited to the…
- § 54262 (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for…