Code Section Group

Public Resources Code - PRC

DIVISION 7. KAPILOFF LAND BANK ACT [8600 - 8633]

  ( Division 7 added by Stats. 1982, Ch. 1471, Sec. 1. )

CHAPTER 2. Land Bank Fund [8610 - 8618]
  ( Chapter 2 added by Stats. 1982, Ch. 1471, Sec. 1. )

8610.
  

(a) There is in the State Treasury the Land Bank Fund, which fund is hereby created. All moneys in the fund are appropriated to the commission for expenditure, without regard to fiscal years, for the purposes of Section 8625. When performing the powers and duties set forth in this division, the commission shall be known as the Land Bank Trustee.

(b) (1) The Martins Beach Subaccount is hereby created in the fund. Moneys received from public or private sources, including nonprofit sources, to be used for the creation of a public access route to and along the shoreline, including the sandy beach, at Martins Beach at the South Cabrillo Highway pursuant to Section 6213.5 shall be deposited into the subaccount and be continuously appropriated to and expended by the commission to acquire that right-of-way or easement, either in accordance with the procedures set forth in Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure, or through a negotiated agreement, and for costs associated with that acquisition, including, but not limited to, environmental studies, analyses, and assessments, and associated improvements and maintenance costs, in accordance with the following priority:

(A) Moneys received from public or private sources, including nonprofit sources, that are deposited into the subaccount shall first be expended by the commission for the creation of that public access route, and any associated improvements and maintenance costs.

(B) The commission may also transfer moneys from the fund to the subaccount, not to exceed a maximum of one million dollars ($1,000,000), and expend those moneys for the creation of that public access route and associated improvements and maintenance costs, after moneys received pursuant to subparagraph (A) have been used.

(2) The commission may deposit into the subaccount and expend moneys received from the County of San Mateo pursuant to an appropriation by the county for the purposes of this subdivision.

(3) The commission may, pursuant to Section 6213.5, acquire the right-of-way or easement necessary for the creation of the public access route, as prescribed in paragraph (1). Nothing in this paragraph prevents the commission from acquiring the right-of-way or easement through a negotiated agreement.

(4) General Fund contributions to the subaccount shall be segregated and separately accounted for.

(Amended by Stats. 2018, Ch. 51, Sec. 31. (SB 854) Effective June 27, 2018.)

8611.
  

The commission shall be responsible for carrying out the provisions of this division.

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

8612.
  

The trustee is authorized to acquire real property or any interest in real property for the purposes of facilitating title settlements and, with respect to a project requiring mitigation, to facilitate such mitigation.

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

8612.5.
  

The trustee is authorized to manage and improve real property for purposes of providing open space, habitat for plants and animals, and public access.

(Added by Stats. 1991, Ch. 286, Sec. 1.)

8613.
  

(a) Moneys in the fund shall be available for expenditure by the trustee to purchase outstanding interests in tide and submerged lands whether or not they have been filled, diked, or cut off from tidal waters, lands which have been or may be converted to wetlands, or adjoining or nearby lands where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes.

(b) Moneys deposited in the fund pursuant to subdivision (b) or (c) of Section 8625 shall be available for expenditure by the trustee for management and improvement of real property held by the trustee to provide open space, habitat for plants and animals, and public access.

(c) Notwithstanding any other law, the Controller may use the moneys in the Land Bank Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the Land Bank Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Land Bank Fund was created.

(Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 18. Effective February 20, 2009.)

8614.
  

The acquisition and subsequent management of the real property shall be consistent with the San Francisco Bay Plan specified in Section 66603 of the Government Code, the Suisun Marsh Protection Plan as defined in Section 29113 of the Public Resources Code, and any land use plan of a local agency, including, but not limited to, a port district, regional park, park and open-space, or open-space district, or recreation and park district, whose jurisdiction includes in whole or in part the acquired real property.

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

8615.
  

The trustee shall act only at an open, scheduled public meeting, subject to all provisions of Division 6 (commencing with Section 6000) relating to meetings of the commission. The trustee may combine its meetings with the meetings of the commission.

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

8616.
  

The provisions of this division are not intended as exclusive, and shall not restrict the commission in otherwise meeting its responsibilities for resolving title disputes in lieu of litigation or in settlement of litigation, in whole or in part, by land bank agreements, or otherwise, or any other responsibilities and jurisdiction the commission may presently have by law.

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

8617.
  

The trustee is authorized to accept gifts of real property or money for the purposes of this division.

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

8618.
  

On or before January 2 of each year, the trustee shall prepare and submit to the Governor and the Legislature a report describing its progress in achieving the objectives of this division, including the status of property acquisitions and an accounting of the moneys in the fund.

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

PRCPublic Resources Code - PRC