SECTIONS 5400-5409 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5400-5409

5400. This chapter shall be known as the Public Park Preservation
Act of 1971.

5400.5. As used in this chapter "public park" includes only a park
operated by a public agency.

5400.6. As used in this chapter "operating entity" means the entity
owning the park land and the facilities thereon.

5401. (a) No city, city and county, county, public district, or
agency of the state, including any division, department or agency of
the state government, or public utility, shall acquire (by purchase,
exchange, condemnation, or otherwise) any real property, which
property is in use as a public park at the time of such acquisition,
for the purpose of utilizing such property for any nonpark purpose,
unless the acquiring entity pays or transfers to the legislative body
of the entity operating the park sufficient compensation or land, or
both, as required by the provisions of this chapter to enable the
operating entity to replace the park land and the facilities thereon.
(b) Where the operating entity and the acquiring entity are one
and the same, the entity is subject to the provisions of this chapter
pertaining to both operating and acquiring entities, and the entity
is, as acquiring entity, required to make funds or land, or both,
available pursuant to Section 5405 or 5407.2, and, as operating
entity, required to acquire or improve park lands and facilities
pursuant to Sections 5404, 5407, 5407.1, and 5407.2.

5402. The provisions of this chapter shall not apply to the
acquisition of real property or any interest in real property for the
construction or maintenance of underground utility services.

5403. The provisions of this chapter shall not apply to a public
utility, whether privately or publicly owned, acquiring real property
or an interest in real property for the purpose of providing
services to the public park, if it is not feasible to place the
utility services or facility underground.

5403.5. The provisions of this chapter shall not apply to a public
utility, whether privately or publicly owned, acquiring real property
or any interest in real property as a waterway; provided, that the
legislative body of the operating entity determines by a majority
vote that such waterway would preserve or enhance the recreational or
aesthetic values of the park.

5404. In the event that the park land and facilities are acquired,
the operating entity shall acquire substitute park land and
facilities. If, however, less than 10 percent of the park land, but
not more than one acre, is acquired, the operating entity may,
instead of acquiring substitute park land and facilities, improve the
unacquired portion of the park land and facilities, using the funds
received for this purpose, after holding a public hearing on the
matter and upon a majority vote of its legislative body.

5405. Unless the provisions of Section 5407.2 are applicable, the
amount of compensation or land, or both, required by this chapter for
the taking of the park land and facilities shall be equal to one of
the following:
(a) The cost of acquiring substitute park land of comparable
characteristics and of substantially equal size located in an area
which would allow for use of the substitute park land and facilities
by generally the same persons who used the existing park land and
facilities, and the cost of acquiring substitute facilities of the
same type and number, plus the cost of development of such substitute
park land, including the placing of such substitute facilities
thereon.
(b) Substitute park land of comparable characteristics and of
substantially equal size located in an area which would allow for use
of the substitute park land by generally the same persons who used
the existing park land, and the cost of acquiring substitute
facilities of the same type and number, plus the cost of development
of such substitute park land, including the placing of such
substitute facilities thereon.
(c) Any combination of substitute park land and compensation in an
amount sufficient to provide substitute park land of comparable
characteristics and of substantially equal size located in an area
which would allow for use of the substitute park land and facilities
by generally the same persons who used the existing park land and
facilities, and to provide substitute facilities of the same type and
number, plus the cost of development of such substitute park land,
including the placing of such substitute facilities thereon.

5406. Upon receiving an offer of compensation or land, or both,
from the acquiring entity for the acquisition of the park, the
legislative body of the operating entity may enter into an agreement
with the acquiring entity to the effect that the acquiring entity has
complied with the requirements of Section 5405 or Section 5407.2 in
determining the amount of compensation or land, or both. Such
agreement may be entered into only after a public hearing, except
where less than 10 percent of the total area of a state park is
acquired, in which case the operating entity shall follow the
procedure it adopts for such purposes. Within 45 days of the public
hearing, due notice shall be conspicuously posted at the park being
acquired, including along its exterior boundaries, at all entrances,
and on the recreation building, if any exists. Any resident of the
operating entity may bring an action in the superior court of the
county in which the park is located for determination of whether such
agreement complies with the requirements of Section 5405 or Section
5407.2. If no such agreement has been entered into within six months
after the receipt of such offer, either party may submit a proposal
for compensation or land, or both, to the superior court of the
county in which the park to be acquired is located for the
determination of proper compensation. The court may reject any such
proposal as not meeting the requirements of Section 5405 or Section
5407.2. The court may approve only one proposal as meeting such
requirements.

5407. Unless improvement of an unacquired portion of the park land
and facilities is undertaken pursuant to Section 5404, all funds, or
land and funds received by the operating entity shall be used to
obtain or provide substitute park land and facilities in accordance
with the provisions of Section 5407.1 or Section 5407.2.

5407.1. Such substitute park land and facilities shall be of
comparable characteristics and of substantially equal size located in
an area which would allow for use of the substitute park land and
facilities by generally the same persons who used the acquired park
land and facilities. However, the operating entity, after holding a
public hearing, with due notice posted at the park being acquired,
and after finding on the basis of evidence submitted at such hearing
that there are compelling reasons for acquiring a substitute park of
a different character, may, upon the recommendation of the park
commission or if none exists, upon the recommendation of the
administrative department, unit or agency charged with the
responsibility for the maintenance and operation of the park land and
facilities, and by a three-fourths vote of its legislative body,
provided it is otherwise legally permissible to do so, change the
general character of the substitute park land and facilities.

5407.2. The operating entity, after holding a public hearing, with
due notice posted at the park being acquired, and after finding on
the basis of evidence submitted at such hearing that there is a lack
of need for the park in its present location and that there are
compelling reasons for acquiring a substitute park in another general
location, may, upon the recommendation of the park commission or if
none exists, upon the recommendation of the administrative
department, unit or agency charged with the responsibility for the
maintenance and operation of the park land and facilities, and by a
three-fourths vote of its legislative body, provided it is otherwise
legally permissible to do so, change the general location of the
substitute park land and facilities.
If the legislative body votes to change the general location of
the substitute park land and facilities, the amount of compensation
or land, or both, for the taking of the park land and facilities
shall be determined on the basis of the fair market value of the
property taken, considering all the uses for which it is available
and adaptable regardless of its dedication to park purposes, plus the
value of any and all improvements constructed thereon.

5408. Failure of any public entity or public utility to comply with
any provision of this chapter shall not affect the validity of an
acquisition by such entity or utility.

5409. Nothing in this chapter shall be construed to authorize the
acquisition of public park property by purchase, exchange,
condemnation, or otherwise.