Code Section Group

Water Code - WAT


  ( Division 14 added by Stats. 1951, Ch. 391. )

PART 6. POWERS AND FUNCTIONS [43000 - 44208]

  ( Part 6 added by Stats. 1951, Ch. 391. )

CHAPTER 4. Property [43500 - 43559]

  ( Chapter 4 added by Stats. 1951, Ch. 391. )

ARTICLE 3. Sale of Excess Land Acquired by Condemnation [43555 - 43559]
  ( Article 3 added by Stats. 1963, Ch. 239. )


Where the district has acquired fee title to, or any interest in, land through condemnation proceedings and the board, pursuant to Section 43507, determines that said property or any part thereof or interest therein is no longer necessary for the uses and purposes of said district and that said property or any part thereof or interest therein shall be disposed of by sale, such sale shall be made as hereinafter provided.

(Added by Stats. 1963, Ch. 239.)


Written notice of sale shall be published in a newspaper of general circulation published in the district, or if there is no such newspaper, then within the county in which the district or any part thereof is situated, pursuant to Section 6063 of the Government Code. The notice shall describe the land or interest therein to be sold; set forth in general terms the interests, easements or reservations to be reserved to the district; state the time, place and terms or conditions of the sale; and call for sealed bids in writing.

(Added by Stats. 1963, Ch. 239.)


At the time and place set for the sale the board shall open any bids received in response to the notice, announce such bids, and call for oral bids. When all persons present shall have ceased bidding, the board shall declare the bidding closed, subject to the preference right of owners of contiguous land as hereinafter provided, and shall announce the amount of the highest bidder. In the event no oral bids are made and there are duplicate written bids, the highest bidder shall be the one whose bid was received first in time by the board. In no event may land be sold or a purchaser declared before the end of the 30-day period for assertion by contiguous landowners of their preference right of purchase.

(Added by Stats. 1963, Ch. 239.)


The owners of contiguous land have a preference for a period of thirty (30) days after the highest bid is announced to purchase at such highest bid price. No right of preference shall be given in cases of owners of cornering land.

Where there is a conflict between two or more owners of contiguous land claiming a preference right of purchase, the one from whom such land was acquired by the district by eminent domain shall take preference. If such prior owner does not assert a preference right to purchase, the property shall be sold to that owner of contiguous land claiming preference who, in the opinion of the board, by acquisition of such land would be enabled to make the most beneficial use thereof based on topography, land pattern, location of water, improvements and similar factors.

If no owners of contiguous land qualify within said thirty (30) day period the sale shall be declared closed and sale made to the highest bidder.

(Added by Stats. 1963, Ch. 239.)


Upon the expiration of the 30-day period any sale and conveyance made pursuant to the board’s award of bid or any sale and conveyance made pursuant to the exercise of a preference by the owner of contiguous land pursuant to this article shall be conclusively presumed to be valid as being in compliance with the provisions of this article.

(Added by Stats. 1963, Ch. 1037.)

WATWater Code - WAT3.