Today's Law As Amended


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AB-576 State highways: excess property.(2015-2016)



As Amends the Law Today


SECTION 1.
 (a) Notwithstanding any other provision of law, or any guidelines or regulations of the Department of Transportation, for purposes of adding both market-rate and very low income, low-income, or moderate-income rental units to a proposed residential development project adjacent to a maintenance facility of the department, if a portion of the department’s property is immediately contiguous to the project and is not independently developable, the department is hereby encouraged to find that portion of the department’s property to be excess and to sell that portion of the property at fair market value to the owner of the contiguous property, at the owner’s request, if all of the following conditions are met:
(1) A fair market value appraisal shall be prepared for the portion of property to be sold. The determination of the fair market value shall be based on the value of the property at its highest and best use. The department and the contiguous property owner shall jointly agree upon a professional, qualified appraiser to determine a fair market value for the property.
(2) The purchaser of the property shall ensure, that of the incremental residential units constructed as a result of the acquisition of the property, 25 percent of the units, or whatever percentage the inclusionary zoning ordinance of the city in which the project is located requires, shall be very low income, low-income, or moderate-income rental units, and that constructing housing units on the acquired property is consistent with the general plan of the jurisdiction in which the property is located.
(3) The purchaser of the property shall agree to pay for the reconstruction of any existing buildings located entirely or in part on the property being acquired, at a suitable location, as determined by the department, on the remaining property owned by the department. The reconstruction shall be of like kind in material and functionality. The cost of the construction shall be deducted from the fair market value of the property being acquired as determined pursuant to paragraph (1).
(b) Any sale of property pursuant to subdivision (a) shall not be finalized until the California Transportation Commission certifies that the conditions of subdivision (a) have been met.
(c) The department and the commission shall complete any transaction authorized by subdivision (a) on or before January 1, 2020.