SECTIONS 43555-43559 - California Statutes

WATER CODE

SECTION 43555-43559

43555. Where the district has acquired fee title to, or any
interest in, land through condemnation proceedings and the board,
pursuant to Section 43507, determines that said property or any part
thereof or interest therein is no longer necessary for the uses and
purposes of said district and that said property or any part thereof
or interest therein shall be disposed of by sale, such sale shall be
made as hereinafter provided.

43556. Written notice of sale shall be published in a newspaper of
general circulation published in the district, or if there is no such
newspaper, then within the county in which the district or any part
thereof is situated, pursuant to Section 6063 of the Government Code.
The notice shall describe the land or interest therein to be sold;
set forth in general terms the interests, easements or reservations
to be reserved to the district; state the time, place and terms or
conditions of the sale; and call for sealed bids in writing.

43557. At the time and place set for the sale the board shall open
any bids received in response to the notice, announce such bids, and
call for oral bids. When all persons present shall have ceased
bidding, the board shall declare the bidding closed, subject to the
preference right of owners of contiguous land as hereinafter
provided, and shall announce the amount of the highest bidder. In the
event no oral bids are made and there are duplicate written bids,
the highest bidder shall be the one whose bid was received first in
time by the board. In no event may land be sold or a purchaser
declared before the end of the 30-day period for assertion by
contiguous landowners of their preference right of purchase.

43558. The owners of contiguous land have a preference for a period
of thirty (30) days after the highest bid is announced to purchase
at such highest bid price. No right of preference shall be given in
cases of owners of cornering land.
Where there is a conflict between two or more owners of contiguous
land claiming a preference right of purchase, the one from whom such
land was acquired by the district by eminent domain shall take
preference. If such prior owner does not assert a preference right to
purchase, the property shall be sold to that owner of contiguous
land claiming preference who, in the opinion of the board, by
acquisition of such land would be enabled to make the most beneficial
use thereof based on topography, land pattern, location of water,
improvements and similar factors.
If no owners of contiguous land qualify within said thirty (30)
day period the sale shall be declared closed and sale made to the
highest bidder.

43559. Upon the expiration of the 30-day period any sale and
conveyance made pursuant to the board's award of bid or any sale and
conveyance made pursuant to the exercise of a preference by the owner
of contiguous land pursuant to this article shall be conclusively
presumed to be valid as being in compliance with the provisions of
this article.