SECTIONS 53938-53939 - California Statutes

GOVERNMENT CODE

SECTION 53938-53939

53938. As used in this article, "transaction" means negotiated
purchase and sale, gift, or devise.

53938.5. (a) If property acquired by a public entity in a
transaction is encumbered by a lien that secures a special assessment
or a bond representing the special assessment, except to the extent
the lien is paid out of escrow or otherwise or is apportioned
pursuant to the applicable statutory procedure, the lien continues to
encumber the property acquired and is enforceable against the public
entity that acquired the property.
(b) If property acquired by a public entity by eminent domain is
encumbered by a lien that secures a special assessment or a bond
representing the special assessment, the lien shall be paid in the
manner and to the extent provided in Section 1265.250 of the Code of
Civil Procedure.

53939. If property acquired in a transaction is part of a larger
parcel encumbered by a lien that secures a special assessment or a
bond representing the special assessment and there is no applicable
statutory procedure for segregation and apportionment of the lien,
any party to the transaction may, within one year after completion of
the transaction, apply to the superior court of the county in which
the property or a portion thereof is located to, and the court may
segregate and apportion the lien among the parties to the
transaction.