SECTIONS 38400-38418 - California Statutes

GOVERNMENT CODE

SECTION 38400-38418

38400. As used in this article, "original dedicator" includes any
person, or his successors and assigns, who has dedicated any land in
the city for use as a public park.

38401. "Abutting property" includes any property adjoining, or
fronting on the park.

38402. As used in this article, "interested person" means any
person owning an interest in the park or the land embraced within it
as reversioner, remainderman, abutting property owner, or otherwise.

38403. The legislative body may abandon a park and sell the land
comprising it pursuant to this article when:
(a) A plat or map of a town site has been recorded in the county
recorder's office purporting to dedicate land within the site as a
public park.
(b) The town site has thereafter become part of a city.
(c) The legislative body finds that the land is not appropriate,
convenient, or necessary for park purposes.
(d) The original dedicator consents.
(e) The legislative body has acquired an option to purchase other
lands of at least equal area.

38404. Proceedings are initiated when the legislative body adopts a
resolution of intention, describing the park and the property to be
acquired from the sale proceeds, and fixing a time at least thirty
days after adoption of the resolution when it will take final action
on the abandonment.

38405. The resolution shall be published once a week for at least
the three weeks before the day fixed for final action, in a newspaper
of general circulation published in the city, or if there is none,
in a newspaper designated by the legislative body which is published
in the county. Not less than four copies of the resolution shall be
posted conspicuously not more than one hundred feet apart along the
boundaries of the park.

38406. At the time fixed, the legislative body shall meet and hear
and pass on protests to abandonment of the park. Any interested
person may protest at the meeting. Failure of an interested person to
protest is conclusive evidence that he consents to the abandonment.

38407. If the original dedicator or the owners of a majority of the
lots abutting on the park protest in writing, or the legislative
body sustains the protests made at the meeting, the proceedings shall
terminate and a new resolution of intention shall not be adopted for
six months.

38408. If the original dedicator does not protest, the majority of
such owners do not protest in writing, and the other protests are
overruled, the legislative body has jurisdiction to order the park
abandoned.

38409. Upon ordering the park abandoned, the legislative body shall
appoint and fix the compensation of three appraisers to assess the
damages to abutting property owners.

38410. The appraisers shall proceed with diligence to determine the
damages which will result to each parcel of abutting property, and
file a written report of their findings with the legislative body.

38411. Without delay the clerk shall give notice of the filing,
stating the time and place the report will be considered by the
legislative body, and require any person interested to show cause why
the report should not be confirmed.

38412. The notice shall be published for at least two weeks before
the meeting in a newspaper published in the city, or if there is
none, it shall be posted in three public places in the city for two
weeks before the meeting.

38413. At the time fixed, the legislative body shall pass on the
report and any objections that are made to it. The legislative body
may confirm, correct, or modify the report. It may adjourn the
meeting from time to time.

38414. Upon adoption of the report, warrants shall be drawn in
favor of the owners to whom damages are allowed in the amount
specified in the report. The warrants are payable out of the fund
derived from the sale of the park lands.

38415. The legislative body may employ and fix the compensation of
such legal or other assistants as it deems necessary to sell the land
for the best advantage to the city.

38416. The legislative body may determine when and at what price or
terms the land or any part of it will be sold.
Credit terms shall not exceed four years, and deferred payments
shall bear interest at 7 percent.

38417. When authorized by a majority vote of the legislative body,
the mayor and clerk shall sign, acknowledge, and deliver a deed to
the land in the name and under the seal of the city. When so executed
and delivered, the deed conveys to the purchaser title in fee to the
land described in the deed.

38418. The sale proceeds shall be deposited in the city treasury in
a special fund and used exclusively for the payment of damages and
the purchase and improvement of other public grounds.