SECTIONS 5096.245-5096.251 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5096.245-5096.251

5096.245. Projects authorized for the purposes set forth in
subdivisions (b) and (c) of Section 5096.231 shall be subject to
augmentation as provided in Section 16352 of the Government Code, as
limited by any provision of the Budget Act. The unexpended balance in
any appropriation made payable from the fund which the Director of
Finance, with the approval of the State Public Works Board,
determines not to be required for expenditure pursuant to the
appropriation, may be transferred on order of the Director of Finance
to, and in augmentation of, the appropriation made in Section 16352
of the Government Code.

5096.246. The Department of General Services, if the Director of
Parks and Recreation finds that the use would be compatible with the
ultimate use of the real property as a unit, or part of a unit, of
the state park system and with the sound management and conservation
of resources within the unit, may make agreements with respect to any
real property acquired pursuant to subdivision (b) of Section
5096.231, and the Executive Officer of the State Coastal Conservancy
may make agreements with respect to any real property acquired
pursuant to Section 5096.232, for the continued tenancy of the seller
of the property for a period of time and under such conditions as
mutually agreed upon by the state and the seller so long as the
seller promises to pay such taxes on his or her interest in the
property as shall become due, owing, or unpaid on the interest
created by the agreement, and so long as the seller conducts any
operations on the land according to specifications issued by the
appropriate director or officer to protect the property for the
public use for which it was acquired. A copy of the agreement shall
be filed with the county clerk in the county in which the property
lies. The arrangement shall be compatible with the operation of the
area by the state, as determined by the appropriate director or
officer.

5096.247. All real property acquired pursuant to this chapter shall
be acquired in compliance with the provisions of Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 of the
Government Code. The Department of Parks and Recreation shall
prescribe procedures sufficient to assure compliance by local public
agencies which receive funds under Section 5096.231 and the State
Coastal Conservancy shall prescribe procedures sufficient to assure
compliance by local public agencies which receive funds under Section
5096.232.

5096.248. For the purposes of this chapter, acquisition may include
gifts, purchases, leases, easements, the exercise of eminent domain
if expressly authorized, the transfer or exchange of property for
other property of like value, and purchases of development rights and
other interests.

5096.249. All grants, gifts, devises, or bequests to the state,
conditional or unconditional, for park, conservation, recreation, or
other purposes for which real property may be acquired or developed
pursuant to this chapter, may be accepted and received on behalf of
the state by the appropriate departmental director with the approval
of the Director of Finance. The grants, gifts, devises, or bequests
shall be available, when appropriated by the Legislature, for
expenditure for the purposes specified in Sections 5096.231 and
5096.232.

5096.250. Real property acquired by the state shall consist
predominantly of open or natural lands, including lands under water
capable of being utilized for multiple recreational purposes, and
lands necessary for the preservation of coastal or historical
resources. No funds derived from the bonds authorized by this
division shall be expended for the construction of any reservoir
designated as a part of the "State Water Facilities," as defined in
subdivision (d) of Section 12934 of the Water Code.

5096.251. (a) Prior to recommending the acquisition of lands that
are located on or near tidelands, submerged lands, swamp or
overflowed lands, or other wetlands, whether or not those lands have
been granted in trust to a local public agency, the Director of Parks
and Recreation or the Executive Officer of the State Coastal
Conservancy, as appropriate, shall submit to the State Lands
Commission any proposal by a state or local public agency for the
acquisition of those lands pursuant to this chapter. The State Lands
Commission shall, within three months of submittal, review the
proposed acquisition, make a determination as to the state's existing
or potential interest in the lands, and report its findings to the
person making the submittal and to the Department of General
Services.
(b) No provision of this chapter shall be construed as authorizing
the condemnation of state lands.