California Surveyors Forums

I have searched VersusLaw and perused the state statutes, but to no real avail.

What I’m looking for is any statute, case or instance that controls how the local agency may convey lands held in the public trust in fee to another entity.

In other words, what is the local agency is mandated to do in order to convey their fee interest in a parcel of land to the adjoiners or to a third party?

Facts at hand: a local agency has ended up with a ratty parcel <1,000 sq ft. The history of their acquisition is not germane to the discussion.

Due to the fact that everything around it is either major arterial road or private property, the agency can’t do anything with the land in terms of developing it.

Can they convey the parcel to an adjoiner?

Must the agency receive a financial consideration?

If the adjoiner is a recognized religious group with a 501(c)(3) classification, does that change the answer?

For obvious reasons, I would prefer not to divulge the name of the agency or the religious group as it would likely trigger recognition of the exact parcel in question.

Does anyone have any leads as to statutes, cases, instances or examples that might help me in my quest?

It looks like you've got at least two big obstacles to overcome: Article XVI §6 of the California Constitution (prohibits the gift of public funds to a private entity) and the Establishment Clause of the U.S. Constitution (prohibits the establishment of religion). Unless an express public purpose -- net public gain -- can be demonstrated, I would think that the transfer would be barred by one or both of the above.

I expect that the proper procedure to follow would be to obtain a professional appraisal of the real property. It might be found that the parcel is a net liability to the local agency, in which case giving it to the adjoiners might constitute a net public gain. The property would have to be distributed equally among adjoiners, which would render the fact that one of them is a religious entity moot.

At least, that's what I'd think if I were a lawyer. :)

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Check local ordinance for disposal of excess real estate. Probably in the muni code somewhere....

Why not just ask the local agency?

There must be someone on staff that handles these matters. You could ask your questions in general terms without necessarily revealing the identity of the subject property or the adjoiners.

I used to work with a city "real property officer" who was very knowledgeable and helpful.

Jim: Thanks! I'd forgot about the State Constitution.

Dane: Nothing in the local ordinance that I can find. Not all jurisdictions have codified mechanisms for identification and sale of excess land.

Mark: Great idea...normally. In this case, differing internal factions, political wrangling and opposing views depending upon who I speak to.

Thanks for your responses.

Ian,
25363 (county) and 37420 (city) of the CA Gov't Code might provide some of the statutory guidance you're searching for. I believe there are other pertinent portions of the gov't code, such as if the lands were originally dedicated for some purpose such as parklands.

I see that there's a question before the attorney general that might be relevant once (if) an opinion is rendered:

"07-801 May Caltrans sell its property at less than fair market value? (Nolan)"