SECTIONS 8620-8633 - California Statutes

PUBLIC RESOURCES CODE

SECTION 8620-8633

8620. Acquisitions may be made by negotiated agreement with the
owners of the outstanding interests. No provision of this division is
intended to confer any authority to exercise the power of eminent
domain for the purposes of this division.

8621. The purchase price shall not exceed the fair market value of
the outstanding interests to be acquired. Prior to any such
acquisition the trustee shall review the evidence and applicable law
and shall determine whether the state may have any right, title, or
interest therein and deduct from the economic value of the
acquisition the value of any such state interest.

8622. As soon as practicable after initiating a title and parcel
acceptability study for possible acquisition pursuant to this
division, the trustee shall mail a "Notice of Potential Land Bank
Acquisition" to the Department of Fish and Game, the San Francisco
Bay Conservation and Development Commission, the Coastal Conservancy,
the district office of the United States Army Corps of Engineers for
the district in which the real property is located, other persons,
entities, or public agencies who have previously requested to be
placed on the mailing list for the notices, and any others deemed
appropriate by the trustee. The notice shall contain a "Plat of
Potential Land Bank Parcel," showing the approximate location,
character, and size of the parcel.

8623. The trustee shall make all reasonable attempts to acquire the
mineral and other subsurface rights in any acquisition pursuant to
this division. In the event the trustee is unable to acquire the
mineral and other subsurface rights, the trustee may purchase the
parcel subject to the reserved subsurface rights upon the trustee
expressly finding that: (1) a reasonable attempt has been made to
acquire the subsurface rights without success, (2) it is unlikely
that the subsurface rights can be acquired within the provisions of
this division, (3) the outstanding subsurface rights are not likely
to unreasonably damage or interfere with the contemplated public
trust uses for the parcel, and (4) the public benefits to be derived
from acquisition are so substantial that acquisition of the parcel
without the subsurface rights is in the best interests of the state
for the public purposes set forth in this division.

8624. The trustee shall have the exclusive jurisdiction and
authority to administer the fund and the interests in real property
acquired pursuant to this division, including the selection,
acquisition, and conveyance of real property by the trustee as
provided in this division, provided that the trustee shall solicit
and consider the comments and recommendations of other state,
federal, and local public agencies and members of the public, prior
to any such selection, acquisition, and conveyance.

8625. (a) The consideration passing to the state in title
settlements may consist, in whole or in part, of monetary payments to
the trustee for deposit into the fund that are subject to a
statutory trust limiting their use exclusively to the purchase of
interests in a Land Bank Fund parcel and conveyance of those
interests to the state pursuant to Section 8626 as soon as
practicable thereafter.
(b) A project applicant may donate moneys for deposit to the fund
for purposes of mitigation with the approval of the agency
responsible for approving the project and the trustee shall accept
the donation if land is held by the trustee for those purposes. A
donation so deposited is subject to a statutory trust limiting its
use exclusively to the identified mitigation.
(c) Any party may deposit moneys into the fund for purposes of
specified or unspecified projects to provide for access to or
management and improvement of real property held by the trustee to
provide open space, habitat for plants and animals, and public
access.

8626. Upon acceptance of a conveyance pursuant to Section 8627 the
trustee shall thereafter convey to the state a parcel or other
interest therein, whose economic value determined pursuant to Section
8621 is equal to the payment made.

8627. The state, in its sovereign capacity, shall accept any such
conveyance, and the land shall thereafter be held by the state as
land of the legal character of tide and submerged lands subject to
the public trust under the jurisdiction of the commission pursuant to
the provisions of Division 6 (commencing with Section 6001).

8628. The commission shall accept the conveyances on the part of
the state and shall authorize their acknowledgment and recordation.

8629. Until expended for acquisitions in accordance with the
provisions of this division, moneys in the fund shall be deposited in
the Pooled Money Investment Fund and the interest deposited in the
fund.

8630. In addition to the purchase price to be paid, the costs and
expenses attributable to the acquisition may be payable from the
fund, provided that such costs shall not exceed 5 percent of the
expended funds.

8631. The provisions of this division shall not be subject to the
provisions of the California Environmental Quality Act (commencing
with Section 21000 of the Public Resources Code), the Subdivision Map
Act (commencing with Section 66410 of the Government Code), or the
Property Acquisition Law (commencing with Section 15850 of the
Government Code).

8632. Nothing in this division shall be construed to impair the
ability of any other state agency from acquiring lands for wetlands
restoration and enhancement.

8633. Nothing in this division relieves the trustee or its
successors in interest from any requirement to obtain state permits,
licenses, or approvals otherwise required for work, activities, or
uses conducted on any real property acquired pursuant to this
division.