Sale of public land

[Ian Wilson]

As I recall, a few years ago, a new statute was passed and chartered that changed how jurisdictions could get rid of excess land.

I seem to remember that it created an onerous situation in which the jurisdiction had to offer the land up to other agencies before being able to sell that parcel.

Now, of course, I can't find the reference to save my life.

Does anyone else remember this? Can anyone point me to the statute, please?

[Johnston]

..is described in the online R/W manual starting at Section 16.03.05.00. Good luck.

Chris

[Scott Tikalsky]

Uh, Ian... No, you cannot sell the new Bay Bridge.:)

[Warren Smith]

How about Government Code section 54222 - dealing with disposition of surplus land.
Last revised in 2009.

[mpallamary]

I just dealt with this here in San Diego as there is a provision under the Education Code wherein after a determination is made that the land is excess, it is offered for sale and agencies get the first run at it and if they do not express an interest, it goes up for public sale.

Education Code: 17459. The sale of real property pursuant to this article shall be subject to the provisions of Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.

[mpallamary]

Government Code 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 and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that there is a shortage of sites available for housing for persons and families of low and moderate income and that surplus government land, prior to disposition, should be made available for that purpose.(b)The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open-space purposes. This article shall not apply to surplus residential property as defined in Section 54236.(c)The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations, to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize the transit system more than those living elsewhere. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to areas that are implementing higher-density, mixed-use development near major transit stations.

[mpallamary]

California Code - Article 8: Surplus Land [54220. - 54232.]

[Ian Wilson]

Thanks! Gov Code 54222 was what I was looking for and not finding.

[subman]

If acquired originally by dedication through the subdivision process, need to consider applicability of SMA Sections 66477.5 and 66478

[Ian Wilson]

Thanks, Dennis!