747.6.
(a) The Attorney General, upon the request of any person or upon receipt of any information which leads the Attorney General to believe that a violation of Section 747.5 may have occurred, may issue subpoenas requiring the appearance of witnesses, the production of relevant records and the giving of relevant testimony.(b) (1) If after examining the evidence, the Attorney General concludes that a violation of Section 747.5 has occurred, the Attorney General shall order the prohibited foreign actor to divest itself of all interests in the land within 90 days after service of the order upon the foreign actor.
(2) The order of divestiture, described in paragraph
(1), shall be served personally or by mail.
(c) (1) If the holder of the interest that is ordered to be divested disputes the determination of the Attorney General that a violation of Section 747.5 occurred, the holder may submit a written request for a judicial determination to the Attorney General.
(2) The written request, described in paragraph (1), shall be delivered to the Attorney General within 60 days after service of the order of divestiture. If no written request is received within this time, the determination of the Attorney General shall become final.
(d) (1) If the prohibited foreign actor fails to divest itself of all interests pursuant to subdivision (b), or if a holder of the interest submits a written request pursuant to subdivision (c), the Attorney
General shall bring an action to divest the interest.
(2) Venue for the action, described in paragraph (1), shall either be the County of Sacramento or a county where a portion of the land is located, as determined by the Attorney General.
(3) The Attorney General shall record with the county recorder of each county in which any portion of the land is located a notice of pendency of the action pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure.
(e) If the holder of the interest in land has submitted a written request pursuant to subdivision (c), the court shall conduct an evidentiary hearing to determine, by a preponderance of the evidence, if a violation of Section 747.5 occurred, prior to taking any other action. If the court determines that there has been no violation, the
court shall dismiss the action and expunge the notice of pending action.
(f) (1) If the court determines that a violation of Section 747.5 occurred, the court shall order that the land be sold. Unless the court determines for good cause that another procedure for conducting the sale is appropriate, the court shall appoint a referee pursuant to Article 1 (commencing with Section 873.010) of Chapter 4 of Title 10.5 of Part 2 of the Code of Civil Procedure.
(2) The referee shall make a sale of the property and convey the interest to the purchaser.
(3) The proceeds from the sale shall be distributed in the following order:
(A) The payment of authorized costs of the sale, including all approved fees and expenses of the referee and any
taxes and assessments due.
(B) The payment, in an amount approved by the court, to the Attorney General for reimbursement of investigation and litigation costs and expenses.
(C) The payment to lien holders who did not have actual knowledge of a violation of Section 747.5 in their order of priority, except for liens which under the terms of the sale are to remain on the property.
(D) The payment of penalty, in an amount determined by the court, not to exceed 10 percent of the sales price of the property, to be paid to the fund designated by the Attorney General for enforcement of this chapter.
(E) The payment to any lien holders not included in subparagraph (C) in their order of priority.
(F) All remaining proceeds to the prohibited foreign actor, payable to the person or entity that held the interest.
(g) A title to sensitive land shall not be invalid or subject to divestiture by reason of a violation of Section 747.5 by any former owner or other person holding or owning a former interest in the sensitive land.