SECTIONS 38440-38462 - California Statutes

GOVERNMENT CODE

SECTION 38440-38462

38440. A city may discontinue and abandon the use as a public park
of any land owned in fee by it and dedicated or placed in such use by
such city, and thereafter dispose of the land, pursuant to this
article.

38441. Without a special election, the legislative body may convey
a minor portion of such a park in exchange for an equal or greater
area or value of privately owned land contiguous to the park after:
(a) Notice and a public hearing pursuant to this article.
(b) Determination that the exchange is in the public interest.
(c) Adoption of a resolution of discontinuance.

38442. Except as provided in Section 38441, this article shall not
be construed to authorize:
(a) A discontinuance and abandonment, or change in the use, of
such lands which will cause the reversion of the lands to private
ownership or a forfeiture of the city's ownership in fee.
(b) The discontinuance of the use of park lands acquired by funds
obtained from a local assessment based on benefits.

38443. Proceedings are initiated when the legislative body adopts a
resolution declaring that public interest or convenience requires
the discontinuance of the use of such land as a public park, and that
the legislative body intends to call a special election to submit
the question of discontinuance to the city electors.

38444. The resolution shall:
(a) Contain an accurate description of the lands.
(b) State the common name of the park.
(c) State the disposition which the legislative body proposes to
make of the park.
(d) Fix a time, not less than thirty nor more than sixty days
after adoption of the resolution, and a place, at which the public or
persons particularly interested may protest.

38445. The city clerk shall cause the resolution to be published
twice in a daily newspaper published and circulated in the city, or
if there is none, twice in a weekly or semiweekly newspaper so
published and circulated. If there are no such newspapers, the
resolution shall be published twice in a newspaper published in the
county. Publication shall be completed at least twenty days before
the time set for the hearing.

38446. The park superintendent or another person designated by the
legislative body shall cause at least three notices of the adoption
of the resolution to be posted conspicuously not more than three
hundred feet apart along the exterior boundaries of the area proposed
to be discontinued and abandoned as a public park. Posting shall be
completed at least twenty days before the time set for the hearing.
Failure to post the notices does not invalidate the proceedings or
prevent the legislative body from acquiring jurisdiction to proceed
with the discontinuance and abandonment.

38447. The posted notices shall be headed: "Notice of proposed
discontinuance of public park land" in legible characters, state the
date of adoption of the resolution, and recite the facts contained in
the resolution.

38448. At any time before the hour set for the hearing, any person
or persons interested may protest in writing against the proposed
abandonment and discontinuance, or to the extent thereof. The protest
shall be delivered to the clerk of the legislative body.

38449. At the time set for the hearing or to which it is postponed,
the legislative body shall hear and pass upon all such protests.

38450. Protests are sustained unless overruled by two-thirds vote
of the legislative body. The legislative body may sustain protests as
to one portion, and overrule them as to another portion of park
land. If protests are overruled, the legislative body may adopt an
ordinance calling, and fixing the date of, a special election to
submit to the city electors the question of discontinuance and
abandonment of the use of park land on which protests were overruled.

38451. If a majority of the electors voting on the proposition are
in favor of it, the legislative body shall adopt an ordinance
declaring that use of the land described in the ordinance calling the
election for park purposes is discontinued and abandoned.

38452. If less than a majority of such electors vote for it, the
legislative body shall not initiate proceedings for discontinuance of
the use of such land for park purposes for one year after the
election.

38460. When the ordinance becomes effective, the land described in
it is deemed held by the city in fee. The city may sell or otherwise
dispose of the property in the same manner as it may dispose of other
city property no longer required for municipal purposes.

38461. If the land was acquired by money derived from bonds
authorized for park purposes, and the land sold, the reasonable
market value of the land at the time of adoption of the ordinance
shall be transferred to the bond fund from such other municipal fund
as the legislative body determines. If the land was not acquired from
bond funds and the land is sold, the proceeds from such sale shall
be deposited in the general fund of the city.

38462. Except as permitted by general laws allowing diversions of
bond funds, money so transferred shall be devoted only to the
purposes for which the bonds were authorized.