0 chapters · 15,253 sections in this title.
Gov. Code § 25905 Section 25905
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The board of supervisors may contract with a nonprofit corporation or association for the conducting of an agricultural fair, as agent of the county, for a period not exceeding five years. The contract may provide for the use, possession, and management of any public park or fair…
Gov. Code § 25906 Section 25906
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The board of supervisors of a county may contract with a nonprofit corporation or association for the conducting of an agricultural fair in the county for the period and under those conditions as the board may determine. The contracts may provide for the use, possession, and mana…
Gov. Code § 25907 Section 25907
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The board of supervisors of any county owning or operating any public park or recreation area, shall have authority: (a) to lease, let or grant licenses for the use of its real estate or personal property or any portion thereof for any agricultural, horticultural, viticultural or…
Gov. Code § 25908 Section 25908
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The board of supervisors of any county owning fairgrounds and fairground facilities may (a) lease, let, or grant licenses for the use of its real estate or personal property or any portion thereof to private individuals or associations for whatever purpose may be approved by said…
Gov. Code § 25909 Section 25909
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Notwithstanding any other provision of law and in accordance with procedures established by the board of directors, the board of directors of a fair that is operated pursuant to this article may enter into agreements to secure donations, memberships, and corporate and individual …
Gov. Code § 25920 Section 25920
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The boards of supervisors may carry on and conduct experiments, investigations, and research work, including both cultural and industrial processes, with trees, plants, shrubs, flowers, and other vegetation, to ascertain their adaptation to the climatic, soil, and other condition…
Gov. Code § 25921 Section 25921
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The board of supervisors may sell at a price not less than the county’s estimated cost, surplus plants, shrubs, flowers, trees, and vegetation, and their seeds or products, produced at a county arboretum. The board may also exchange such materials for other materials of approxima…
Gov. Code § 38400 Section 38400
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As used in this article, “original dedicator” includes any person, or that person’s successors and assigns, who has dedicated any land in the city for use as a public park.
Gov. Code § 38401 Section 38401
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“Abutting property” includes any property adjoining, or fronting on the park.
Gov. Code § 38402 Section 38402
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As used in this article, “interested person” means any person owning an interest in the park or the land embraced within it as reversioner, remainderman, abutting property owner, or otherwise.
Gov. Code § 38403 Section 38403
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The legislative body may abandon a park and sell the land comprising it pursuant to this article when: (a) A plat or map of a town site has been recorded in the county recorder’s office purporting to dedicate land within the site as a public park. (b) The town site has thereafter…
Gov. Code § 38404 Section 38404
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Proceedings are initiated when the legislative body adopts a resolution of intention, describing the park and the property to be acquired from the sale proceeds, and fixing a time at least thirty days after adoption of the resolution when it will take final action on the abandonm…
Gov. Code § 38405 Section 38405
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The resolution shall be published once a week for at least the three weeks before the day fixed for final action, in a newspaper of general circulation published in the city, or if there is none, in a newspaper designated by the legislative body which is published in the county. …
Gov. Code § 38406 Section 38406
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At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting. Failure of an interested person to protest is conclusive evidence that the person consents to the abandonment.
Gov. Code § 38407 Section 38407
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If the original dedicator or the owners of a majority of the lots abutting on the park protest in writing, or the legislative body sustains the protests made at the meeting, the proceedings shall terminate and a new resolution of intention shall not be adopted for six months.
Gov. Code § 38408 Section 38408
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If the original dedicator does not protest, the majority of such owners do not protest in writing, and the other protests are overruled, the legislative body has jurisdiction to order the park abandoned.
Gov. Code § 38409 Section 38409
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Upon ordering the park abandoned, the legislative body shall appoint and fix the compensation of three appraisers to assess the damages to abutting property owners.
Gov. Code § 38410 Section 38410
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The appraisers shall proceed with diligence to determine the damages which will result to each parcel of abutting property, and file a written report of their findings with the legislative body.
Gov. Code § 38411 Section 38411
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Without delay the clerk shall give notice of the filing, stating the time and place the report will be considered by the legislative body, and require any person interested to show cause why the report should not be confirmed.
Gov. Code § 38412 Section 38412
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The notice shall be published for at least two weeks before the meeting in a newspaper published in the city, or if there is none, it shall be posted in three public places in the city for two weeks before the meeting.
Gov. Code § 38413 Section 38413
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At the time fixed, the legislative body shall pass on the report and any objections that are made to it. The legislative body may confirm, correct, or modify the report. It may adjourn the meeting from time to time.
Gov. Code § 38414 Section 38414
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Upon adoption of the report, warrants shall be drawn in favor of the owners to whom damages are allowed in the amount specified in the report. The warrants are payable out of the fund derived from the sale of the park lands.
Gov. Code § 38415 Section 38415
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The legislative body may employ and fix the compensation of such legal or other assistants as it deems necessary to sell the land for the best advantage to the city.
Gov. Code § 38416 Section 38416
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The legislative body may determine when and at what price or terms the land or any part of it will be sold. Credit terms shall not exceed four years, and deferred payments shall bear interest at 7 percent.
Gov. Code § 38417 Section 38417
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When authorized by a majority vote of the legislative body, the mayor and clerk shall sign, acknowledge, and deliver a deed to the land in the name and under the seal of the city. When so executed and delivered, the deed conveys to the purchaser title in fee to the land described…
Gov. Code § 38418 Section 38418
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The sale proceeds shall be deposited in the city treasury in a special fund and used exclusively for the payment of damages and the purchase and improvement of other public grounds.
Gov. Code § 38440 Section 38440
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A city may discontinue and abandon the use as a public park of any land owned in fee by it and dedicated or placed in such use by such city, and thereafter dispose of the land, pursuant to this article.
Gov. Code § 38441 Section 38441
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Without a special election, the legislative body may convey a minor portion of such a park in exchange for an equal or greater area or value of privately owned land contiguous to the park after: (a) Notice and a public hearing pursuant to this article. (b) Determination that the …
Gov. Code § 38442 Section 38442
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Except as provided in Section 38441, this article shall not be construed to authorize: (a) A discontinuance and abandonment, or change in the use, of such lands which will cause the reversion of the lands to private ownership or a forfeiture of the city’s ownership in fee. (b) Th…
Gov. Code § 38443 Section 38443
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Proceedings are initiated when the legislative body adopts a resolution declaring that public interest or convenience requires the discontinuance of the use of such land as a public park, and that the legislative body intends to call a special election to submit the question of d…
Gov. Code § 38444 Section 38444
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The resolution shall: (a) Contain an accurate description of the lands. (b) State the common name of the park. (c) State the disposition which the legislative body proposes to make of the park. (d) Fix a time, not less than thirty nor more than sixty days after adoption of the re…
Gov. Code § 38445 Section 38445
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The city clerk shall cause the resolution to be published twice in a daily newspaper published and circulated in the city, or if there is none, twice in a weekly or semiweekly newspaper so published and circulated. If there are no such newspapers, the resolution shall be publishe…
Gov. Code § 38446 Section 38446
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The park superintendent or another person designated by the legislative body shall cause at least three notices of the adoption of the resolution to be posted conspicuously not more than three hundred feet apart along the exterior boundaries of the area proposed to be discontinue…
Gov. Code § 38447 Section 38447
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The posted notices shall be headed: “Notice of proposed discontinuance of public park land” in legible characters, state the date of adoption of the resolution, and recite the facts contained in the resolution.
Gov. Code § 38448 Section 38448
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At any time before the hour set for the hearing, any person or persons interested may protest in writing against the proposed abandonment and discontinuance, or to the extent thereof. The protest shall be delivered to the clerk of the legislative body.
Gov. Code § 38449 Section 38449
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At the time set for the hearing or to which it is postponed, the legislative body shall hear and pass upon all such protests.
Gov. Code § 38450 Section 38450
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Protests are sustained unless overruled by two-thirds vote of the legislative body. The legislative body may sustain protests as to one portion, and overrule them as to another portion of park land. If protests are overruled, the legislative body may adopt an ordinance calling, a…
Gov. Code § 38451 Section 38451
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If a majority of the electors voting on the proposition are in favor of it, the legislative body shall adopt an ordinance declaring that use of the land described in the ordinance calling the election for park purposes is discontinued and abandoned.
Gov. Code § 38452 Section 38452
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If less than a majority of such electors vote for it, the legislative body shall not initiate proceedings for discontinuance of the use of such land for park purposes for one year after the election.
Gov. Code § 38460 Section 38460
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When the ordinance becomes effective, the land described in it is deemed held by the city in fee. The city may sell or otherwise dispose of the property in the same manner as it may dispose of other city property no longer required for municipal purposes.
Gov. Code § 38461 Section 38461
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If the land was acquired by money derived from bonds authorized for park purposes, and the land sold, the reasonable market value of the land at the time of adoption of the ordinance shall be transferred to the bond fund from such other municipal fund as the legislative body dete…
Gov. Code § 38462 Section 38462
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Except as permitted by general laws allowing diversions of bond funds, money so transferred shall be devoted only to the purposes for which the bonds were authorized.
Gov. Code § 38501 Section 38501
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The legislative body may abandon all or any portion of a park and sell the land comprising it pursuant to this article, if it finds that all or any portion of the purported park has not been used by the public for park purposes, that no consideration has been paid for the land ex…
Gov. Code § 38502 Section 38502
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If the land comprising all or any part of such park has been purchased from funds realized from the sale of bonds of a bond issue authorized for the purpose of acquiring the land for park purposes, the question of abandonment of all or a part of the park and the sale or conveyanc…
Gov. Code § 38503 Section 38503
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Before abandoning all or a part of such park, the legislative body shall adopt a resolution of intention, describing the park or the portion of it proposed to be abandoned and fixing a time, at least 30 days after adoption of the resolution, when it will meet to take final action…
Gov. Code § 38504 Section 38504
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The resolution shall be published pursuant to Section 6063 in a newspaper of general circulation published in the city or, if there is none, in any newspaper designated by the legislative body which is published in the county. Not less than four copies of the resolution shall be …
Gov. Code § 38505 Section 38505
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At the time stated in the resolution, the legislative body shall meet, and hear and pass on objections to the abandonment of all or a portion of the park. If the legislative body sustains the objections, the proceedings shall terminate, and a new resolution of intention shall not…
Gov. Code § 38506 Section 38506
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If all objections are overruled, the legislative body has jurisdiction to order all or any portion of the park abandoned and the land sold.
Gov. Code § 38507 Section 38507
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The legislative body may employ any legal or other assistants that it deems necessary to sell the land for the best advantage of the city, and may fix and pay their compensation.
Gov. Code § 38508 Section 38508
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The legislative body may order the land sold in one block or in lots or parcels, for cash or on credit, as it deems most advantageous to the city. Credit terms shall not exceed four years, and deferred payments shall bear a rate of interest of 6 percent a year. The legislative bo…