16006.
(a) For purposes of this section, the following definitions apply:(1) “Dispossessed owner” means a person who has had property taken from them by the state, county, city, city and county, district, or other political subdivision of the state without just compensation as a result of racially motivated eminent domain, or a direct descendant of the person whose property was taken.
(2) “Publicly held property” means property that is owned by the state or local agency that took possession of the property that is the subject of an application submitted pursuant to this section.
(3) “Racially motivated eminent domain” means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the taking, and the taking, or the failure to provide just compensation, was due, in whole or in part, to the owner’s ethnicity or race.
(b) Upon appropriation by the Legislature, the Office of Legal Affairs within the California American Freedmen Affairs Agency shall do all of the following:
(1) Accept applications from persons who claim they are the dispossessed owner of property taken as a result of racially motivated eminent domain.
(2) (A) Review and investigate applications submitted under paragraph (1).
(B) As part of its review, the Office of Legal Affairs may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, and determine whether the taking was racially motivated. If the office makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The office shall consider any additional information provided by the applicant within 30 days of the receipt of the notice.
(3) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner of property taken through racially motivated eminent domain.
(4) (A) If the Office of Legal Affairs determines that an applicant has established that they are a dispossessed owner under paragraph (3), the office shall determine:
(i) The present-day fair market value of the property that was taken from them by the state, county, city, city and county, district, or other political subdivision of the state as a result of racially motivated eminent domain.
(ii) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.
(B) If the Office of Legal Affairs determines that providing property or just compensation is warranted under clause (ii) of subparagraph (A), the Office of Legal Affairs shall certify that the dispossessed owner is entitled to the return of the taken property if it is still in possession of the public entity that did the taking, other publicly held property of equal value, or financial compensation.
(C) If just compensation is warranted, that compensation from the state or local agency shall be in the amount of the fair market value of the property, as determined pursuant to clause (i) of subparagraph (A), minus the amount paid at the time of the taking, adjusted for inflation.
(D) If the Office of Legal Affairs determines, pursuant to subparagraph (B), that the dispossessed owner is entitled to other publicly held property of equal value, it shall solicit and select from the state or other jurisdiction, as applicable, a list of recommendations of publicly held properties that are suitable as compensation. If no publicly held property is suitable as compensation, the Office of Legal Affairs shall determine an amount of just compensation pursuant to subparagraph (C).
(E) (i) If the state or local agency that took property by racially motivated eminent domain rejects the determination of the Office of Legal Affairs, the dispossessed owner who is entitled to compensation as determined by the Office of Legal Affairs may bring an action to challenge the taking or the amount of compensation under the relevant provisions of the Eminent Domain Law (Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure).
(ii) An action brought pursuant to this subparagraph shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this chapter.
(F) Nothing in this chapter shall be a basis for disturbing or invalidating the title to any property taken by racially motivated eminent domain, other than through the procedures set forth in this section.
(5) If the Office of Legal Affairs determines that an applicant is not a dispossessed owner or that issuing property or just compensation is not warranted, the office shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The office shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.
(c) Every finding, decision, determination, or other official act of the California American Freedmen Affairs Agency is subject to judicial review in accordance with law.