SECTIONS 38501-38510 - California Statutes

GOVERNMENT CODE

SECTION 38501-38510

38501. The legislative body may abandon all or any portion of a
park and sell the land comprising it pursuant to this article, if it
finds that all or any portion of the purported park has not been used
by the public for park purposes, that no consideration has been paid
for the land except by the city, and that no public funds have been
expended to improve the land as a park, in either of the following
situations:
(a) When any land within the city limits has been dedicated for
park purposes by the recording of a plat or map in the office of the
county recorder, or otherwise.
(b) When any such land has been purchased for park purposes and
the legislative body finds that all or any portion of the land is not
appropriate, convenient, or necessary for park purposes.

38502. If the land comprising all or any part of such park has been
purchased from funds realized from the sale of bonds of a bond issue
authorized for the purpose of acquiring the land for park purposes,
the question of abandonment of all or a part of the park and the sale
or conveyance of the land shall first be submitted to, and approved
by, the voters of the city at the next municipal election or at a
special election called for that purpose.

38503. Before abandoning all or a part of such park, the
legislative body shall adopt a resolution of intention, describing
the park or the portion of it proposed to be abandoned and fixing a
time, at least 30 days after adoption of the resolution, when it will
meet to take final action.

38504. The resolution shall be published pursuant to Section 6063
in a newspaper of general circulation published in the city or, if
there is none, in any 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 100 feet apart
along the boundaries of the park.

38505. At the time stated in the resolution, the legislative body
shall meet, and hear and pass on objections to the abandonment of all
or a portion of the park. If the legislative body sustains the
objections, the proceedings shall terminate, and a new resolution of
intention shall not be adopted for six months.

38506. If all objections are overruled, the legislative body has
jurisdiction to order all or any portion of the park abandoned and
the land sold.

38507. The legislative body may employ any legal or other
assistants that it deems necessary to sell the land for the best
advantage of the city, and may fix and pay their compensation.

38508. The legislative body may order the land sold in one block or
in lots or parcels, for cash or on credit, as it deems most
advantageous to the city. Credit terms shall not exceed four years,
and deferred payments shall bear a rate of interest of 6 percent a
year. The legislative body shall determine when, at what price, and
on what terms the land or any part of it shall be sold.

38509. When authorized by a majority vote of the legislative body,
the mayor and the city clerk shall sign, acknowledge, and deliver a
deed to the land or part sold in the name and under the seal of the
city. The deed when signed, acknowledged, and delivered conveys title
to the land described in it.

38510. No abandonment or sale of a park pursuant to this article
shall affect any private easement or other right in lands acquired or
owned by any private person or corporation, nor shall such
abandonment or sale affect any right, easement, or interest owned or
under the control of any other governmental agency for public use
other than park purposes.
In the absence of an express or implied reservation of a right of
reversion in the dedication or instrument of purchase, the park lands
abandoned pursuant to this article shall not revert to private
ownership.