Today's Law As Amended


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AB-613 Eminent domain.(1991-1992)



As Amends the Law Today


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(e)  This section shall remain in effect only until January 1, 1997, and as of that date is repealed unless a later enacted chapter, which is chaptered before January 1, 1997, deletes or extends that date.