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AB-613 Eminent domain.(1991-1992)

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AB613:v91#DOCUMENT

Assembly Bill No. 613
CHAPTER 644

An act to add and repeal Section 1240.126 of the Code of Civil Procedure, relating to eminent domain.

[ Filed with Secretary of State  October 08, 1991. Approved by Governor  October 06, 1991. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 613, Cannella. Eminent domain.
Under the existing Eminent Domain Law, a local public entity may generally acquire property by eminent domain outside its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes if it is authorized to acquire property by eminent domain for the purposes for which the property is to be acquired.
This bill would permit a city, except as otherwise expressly limited, to acquire by eminent domain for park purposes unincorporated property within the same county if (1) that property is contiguous with the city at some point and is surrounded entirely or partially, as specified, by incorporated area, (2) the acquisition is consistent with the general plan of the city, and (3) the property, as improved, does not contribute materially to the owner’s support. This authorization would be repealed on January 1, 1997.

The people of the State of California do enact as follows:


SECTION 1.

 Section 1240.126 is added to the Code of Civil Procedure, to read:

1240.126.
 (a)  Except as otherwise expressly provided by statute and subject to any limitation imposed by statute, a city may acquire by eminent domain for park purposes unincorporated property which is located within the same county as that in which the city is situated, which is contiguous at some point with the city, and which is either of the following:
(1)  Surrounded entirely by incorporated area.
(2)  Surrounded on at least three sides by incorporated area or at least 75 percent of the boundary of the property is contiguous with incorporated area, whichever is less.
(b)  The acquisition of parkland pursuant to this section shall be consistent with the general plan of the city.
(c)  At the time funds are appropriated for its acquisition, the property acquired pursuant to this section shall not be improved with a business or farm operation that contributes materially to the owner’s support. For the purpose of this section, a business shall not include the purchase, sale, lease, or rental of real property.
(d)  In the event a city council intends to sell real property acquired pursuant to this section, the former owner from whom the city acquired the property shall be given notice of the proposed sale of the property and accorded the right, prior to the final acceptance of bids, to purchase the property at the tentatively accepted highest bid price.
(e)  This section shall remain in effect only until January 1, 1997, and as of that date is repealed unless a later enacted chapter, which is chaptered before January 1, 1997, deletes or extends that date.