§ 35153. — 35153. (Amended by Stats. 2015, Ch. 99, Sec. 8.)

California § 35153.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 26.: DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY
• Ch. 4.: CHAPTER 4. Powers and Functions

Text

The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a
public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner
shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property.

Legislative History

Amended by Stats. 2015, Ch. 99, Sec. 8. (SB 422) Effective January 1, 2016.