§ 5407.2. — 5407.2. (Added by Stats. 1971, Ch. 1642.)

California § 5407.2.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 5.: DIVISION 5. PARKS AND MONUMENTS
• Ch. 2.5.: CHAPTER 2.5. Preservation of Public Parks

Text

The operating entity, after holding a public hearing, with due notice posted at the park being acquired, and after finding on the basis of evidence submitted at such hearing that there is a lack of need for the park in its present location and that there are compelling reasons for acquiring a substitute park in another general location, may, upon the recommendation of the park commission or if none exists, upon the recommendation of the administrative department, unit or agency charged with the responsibility for the maintenance and operation of the park land and facilities, and by a three-fourths vote of its legislative body, provided it is otherwise legally permissible to do so, change the general location of the substitute park land and facilities.
If the legislative body votes to change the general location of the substitute park land and facilities, the amount of compensation or land, or both, for the taking of the park land and facilities shall be determined on the basis of the fair market value of the property taken, considering all the uses for which it is available and adaptable regardless of its dedication to park purposes, plus the value of any and all improvements constructed thereon.

Legislative History

Added by Stats. 1971, Ch. 1642.