SECTIONS 50300-50308 - California Statutes

GOVERNMENT CODE

SECTION 50300-50308

50300. The Legislature declares that there are communities in the
State in which a considerable portion of the agricultural lands and
improved commercial and business sites are real property as defined
in this article owned by local agencies situate in distant parts of
the State. These circumstances give rise to relationships between the
inhabitants and the local agencies of the communities and the owners
of the property which require the exercise of the police power of
the State, for the reconciliation of the respective rights, duties,
powers, and privileges of the inhabitants and the agencies involved.
These conditions are accentuated by periods of inflation in respect
to real property sales prices and rental rates, particularly in those
areas in which a distant local agency owns and controls the greater
part of the lands that are not owned by the State or the United
States.

50301. (a) This article applies to local agencies governed under
general laws or charter.
(b) "Real property" as used in this article is coextensive with
lands, tenements, and hereditaments and includes land, any interest
or estate in land, and any servitude upon land.
(c) This article applies only to the real property belonging to a
local agency which is situate within another local agency, and only
if the owner agency owns in excess of 50 percent of all of the land
situate in the other local agency, excluding from the computation all
land owned by the United States or by the State.

50302. This article is not applicable to the sale or lease of real
property by a local agency to the State or a county, city, district,
or political subdivision.

50303. A local agency shall not receive any charge in excess of a
reasonable charge for the sale, leasing, licensing, or other use or
disposition of its real property. A local agency which receives in
excess of a reasonable charge shall repay the amount of the excess,
with interest from the date of collection, to the person from whom
the excess was received.
This section does not apply to the sale of property when all of
the following conditions exist:
(a) The property is not occupied by a lawful tenant of the local
agency.
(b) Improvements have not been lawfully constructed or installed
and maintained.
(c) The property is sold to the highest bidder upon a call for
bids.

50304. The economic utility of the property to the user for the
purpose to which it is suited is the prime factor in determining the
reasonableness of the charge. For example, in a lease for grazing
livestock, the prime factor is the value of the forage to the
livestock producer, considering the number of livestock the property
reasonably will support when used so as to conserve it as a grazing
resource and the monetary return to the livestock producer by such
use of the property.

50305. In selling or leasing its real property, a local agency
shall first give any person who has occupied or used that property or
a portion of it as a lawful tenant of the local agency for not less
than 24 months during the 36 months next preceding the sale or lease,
an opportunity to buy or lease the property at a reasonable price or
rental, within a reasonable time after written notice to him;
provided that occupancy or use of such property by an employee of
such public agency shall create no rights hereunder.

50306. Upon a finding that the public interest will be furthered
and with the approval of the legislative body, the board or officer
having charge of real property belonging to the local agency may sell
or lease the property without advertising or calling for bids.

50307. It is against public policy to permit a person to waive the
benefit of any provision of this article. A person shall not waive a
right of action accruing to him pursuant to this article or any right
he has as to the place of commencement or trial of the action. A
person may waive a right accruing under Section 50305 with respect to
unimproved real property or with respect to any parcel of real
property if the parcel is sold or leased by the local agency to the
State or to a county, city, district, or political subdivision.

50308. Notwithstanding any of the provisions of Sections 50300 to
50307, inclusive, a local agency may sell leased property, being used
for nonagricultural purposes, at public auction under appropriate
laws, rules, and charter provisions applying to that local agency,
provided that the person or lessee having rights under Section 50305
has submitted to the local public agency, at least 30 days prior to
the date of the public auction, a written request that the leased
property be sold at such public auction.