§ 5096.516. — 5096.516. (Added by Stats. 2004, Ch. 708, Sec. 1.)

California § 5096.516.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 5.: DIVISION 5. PARKS AND MONUMENTS
• Ch. 1.695.: CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands
• Art. 2.: ARTICLE 2. Conservation Lands Acquisition Procedures

Text

(a)
Except as provided in subdivision (c), conservation lands may not be sold to another owner, or have possession and control transferred to another agency, unless all of the following occur:
(1)
The selling or transferring agency prepares and makes available to the public a detailed report that identifies why the conservation lands no longer serve a needed conservation purpose.
(2)
The selling or transferring agency holds a duly noticed public hearing to accept public comment on the proposed sale or transfer of conservation lands.
(3)
After compliance with paragraphs (1) and (2), the selling or transferring agency finds, based on substantial evidence, that the property no longer serves a needed conservation purpose.
(4)
The sale or transfer of the land is authorized or approved as part of the annual Budget Act or pursuant to specific legislation authorizing the sale or transfer.
(b)
Proceeds from the sale or transfer of conservation lands shall be used solely for one or more of the following purposes:
(1)
The acquisition of conservation lands to achieve the same or equivalent objectives as the original acquisition of the property that was sold or transferred.
(2)
To further the purposes of Division 21 (commencing with Section 31000).
(3)
The acquisition of wildlife habitat to further the purposes of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code).
(4)
The acquisition of wildlife habitat to further the purposes of Article 2 (commencing with Section 1410) of Chapter 4.3 of Division 2 of the Fish and Game Code.
(c)
This section does not apply to any of the following:
(1)
The sale or transfer of conservation lands solely for the purpose of boundary adjustments or consolidation of property ownership.
(2)
The sale or transfer of lands subject to a conservation easement to keep lands in agricultural production.
(3)
The sale or transfer to other public agencies or nonprofit organizations to improve conservation management, public access, historic preservation, or to protect or enhance the biological value of conservation lands.
(4)
The sale or transfer of conservation lands by the State Coastal Conservancy when the sale or transfer of interests in land is provided for, consistent with Division 21 (commencing with Section 31000), at the time of acquisition of real property.
(5)
The exchange of conservation lands for land of greater biological value as wildlife habitat.
(6)
The sale or transfer of conservation lands that have a fair market value of less than one million dollars ($1,000,000).
(d)
The requirements imposed by this section are in addition to any other requirements imposed by law or regulation.

Legislative History

Added by Stats. 2004, Ch. 708, Sec. 1. Effective January 1, 2005.