SECTIONS 32611-32616 - California Statutes

PUBLIC RESOURCES CODE

SECTION 32611-32616

32611. The conservancy may manage, operate, administer, and
maintain the lands and facilities it acquires, in accordance with the
purposes set forth in Section 32602. The conservancy may adopt
regulations governing the use by the public of conservancy lands and
facilities and may provide for the enforcement of those regulations.

32612. (a) The conservancy may acquire real property or any
interest in real property pursuant to the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code) within the conservancy's territory from willing
sellers and at fair market value, upon a finding that the acquisition
is consistent with the purposes of the conservancy, as set forth in
Section 32602. The conservancy may acquire the property itself or may
coordinate the acquisition through other public agencies that have
the authority to acquire property and that have available funding or
land to exchange. The conservancy may hold a remainder interest in
property in those instances in which an owner desires to sell the
property and retain a life estate, and may create and administer a
mitigation land bank and arrange land exchanges, consistent with the
purposes set forth in Section 32602. The overall objective of the
land acquisition program shall be to assist in accomplishing land
transactions that are mutually beneficial to the landowner and the
conservancy, and that meet the conservancy's purposes. Neither the
conservancy nor the State Public Works Board shall exercise the power
of eminent domain pursuant to this division.
(b) To the extent not in conflict with any other law, the
conservancy may exercise the right of first refusal for surplus
public agency property located within its territory for the purposes
of the conservancy set forth in Section 32602 subject to the
conditions and provisions of the adopted San Gabriel and Lower Los
Angeles Parkway and Open Space Plan, and shall conform to all
relevant general and specific plans and zoning regulations of local
agencies within the territory of the conservancy.
(c) Prior to entering into an agreement to acquire any interest in
real property within the territory of the conservancy for open space
or conservation purposes, the conservancy shall provide 30 days
written notice to the legislative body of the affected local agency,
if such a project was not included in the San Gabriel and Lower Los
Angeles Parkway and Open Space Plan.

32613. (a) The conservancy shall have, and may exercise, all rights
and powers, expressed or implied, necessary to carry out the
purposes of this division, except as otherwise provided.
(b) The conservancy may not levy a tax, exercise the power of
eminent domain, or regulate land use except on lands it owns, manages
or controls. The conservancy shall be subject to all laws,
regulations, and general and specific plans of the legislative body
of any city in which the conservancy proposes to take action.

32614. The conservancy may do all of the following:
(a) Sue and be sued.
(b) Enter into contracts with any public agency, private entity,
or person necessary for the proper discharge of the conservancy's
duties, and enter into a joint powers agreement with a public agency,
in furtherance of the purposes set forth in Section 32602.
(c) Lease, rent, sell, exchange, or otherwise transfer any real
property or interest therein or any option acquired under this
division to a local public agency, state agency, federal agency,
nonprofit organization, individual, or other entity pursuant to terms
and conditions approved by the conservancy pursuant to terms and
conditions approved by the conservancy for management purposes, in
accordance with the purposes set forth in Section 32602. Prior to
entering into an agreement to lease, rent, sell, exchange, or
otherwise transfer any real property or interest therein or any
option acquired under this division within the territory of the
conservancy, the conservancy shall provide 30 days written notice to
the legislative body of the affected local agency, if the project was
not included in the San Gabriel and Lower Los Angeles Parkway and
Open Space Plan.
(d) Initiate, negotiate, and participate in an agreement for the
management of land under its ownership or control by a local public
agency, state agency, federal agency, nonprofit organization,
individual, or other entity, and initiate, negotiate, and participate
in an agreement for the management of land under the ownership or
control of any of those entities by the conservancy, in accordance
with the purposes set forth in Section 32602.
(e) Enter into any other agreement with any public agency, private
entity, or person necessary for the proper discharge of the
conservancy's duties for the purposes set forth in Section 32602.
(f) Recruit and coordinate volunteers and experts to conduct
interpretive and recreational programs and assist with construction
projects and the maintenance of parkway facilities.
(g) Undertake, within the territory, site improvement projects,
regulate public access, and revegetate and otherwise rehabilitate
degraded areas, in consultation with any other public agency with
appropriate jurisdiction and expertise, in accordance with the
purposes set forth in Section 32602. The conservancy may also, within
the territory, upgrade deteriorating facilities and construct new
facilities as needed for outdoor recreation, nature appreciation and
interpretation, and natural resources projection. The conservancy may
undertake those projects by itself or in conjunction with another
local agency; however, the conservancy shall provide overall
coordination of those projects by setting priorities for the projects
and by ensuring a uniform approach to projects. The conservancy may
undertake those projects with prior notification to the legislative
body of the local agency that has jurisdiction in the area in which
the conservancy proposes to undertake that activity.

32614.5. (a) The conservancy may award grants to local public
agencies, state agencies, federal agencies, and nonprofit
organizations for the purposes of this division.
(b) Grants to nonprofit organizations for the acquisition of real
property or interests in real property shall be subject to all of the
following conditions:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy approves the terms under which the interest in
land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt incurred by the
nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interests of the state.
(5) The state shall have a right of entry and power of termination
in and over all interests in real property acquired with state
funds, which may be exercised if any essential term or condition of
the grant is violated.
(6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state, except that, prior
to that termination, another public agency or nonprofit organization
may receive title to all or a portion of that interest in real
property, by recording its acceptance of title, together with the
conservancy's approval, in writing.
(c) Any deed or other instrument of conveyance whereby real
property is acquired by a nonprofit organization pursuant to this
section shall be recorded and shall set forth the executory interest
or right of entry on the part of the state.

32615. The conservancy shall administer any funds appropriated to
it, and may expend those funds for capital improvements, land
acquisition, or support of the conservancy's operations, in
accordance with the purposes set forth in Section 32602. The
conservancy may also accept any revenue, money, grants, goods, or
services contributed to it by any public agency, private entity, or
person and, upon receipt, may use the revenue, money, grants, goods,
or services for capital improvements, land acquisitions, or support
of the conservancy's operations, in accordance with the purposes set
forth in Section 32602.

32616. (a) The conservancy may fix and collect fees for the use of
any land owned or controlled, or for any service provided, by the
conservancy. No fee shall exceed the cost of maintaining and
operating the land or of providing the service for which the fee is
charged.
(b) The fee revenue and all other revenue received pursuant to
this division shall be deposited in the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy Fund, which is hereby
created in the State Treasury. The money in the fund shall be
expended by the conservancy, upon appropriation by the Legislature,
for the purposes of this division.