§ 5797.4
867 words·~4 min read·
/ca/public-resources-code/5797-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Notwithstanding any other law, the county, acting through its Regional Parks Department, may dispose up to 4.2 acres of property at Glen Helen Regional Park. The property to be disposed may include property used or unused for park purposes, including land acquired or improved with state grant moneys, including, but not limited to, grant moneys from the Roberti-Z’Berg-Harris Urban Open-Space and Recreation Program Act established in Chapter 3.2 (commencing with Section 5620), subject to acquisition of replacement park property of equal or greater recreational value, as approved by the department, and at no cost to the state or the county, if all of the following requirements are met:
(1)The county obtains an independent appraisal of the fair market value of the Glen Helen Regional Park property, as approved by the department, and submits the appraisal to the department on or before July 1, 2026.
(A)The county submits a plan identifying the proposed replacement property to the department on or before January 1, 2027.
(B)The county obtains an independent appraisal of the fair market value of the proposed replacement park property to be acquired, as approved by the department, and submits the appraisal to the department on or before July 1, 2027.
(3)The fair market value of the proposed replacement park property is equal to or greater than the highest of the following:
(A)The fair market value of the Glen Helen Regional Park property.
(B)The actual sales price of the Glen Helen Regional Park property. If the disposition is an exchange of property, then only subparagraph
(A)shall apply.
(4)The recreational utility to the public of the proposed replacement park property is equal to or greater than that of the Glen Helen Regional Park property, as approved by the department.
(5)On or before January 1, 2028, the county provides the department with all of the following:
(A)Preliminary title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record affecting title to the Glen Helen Regional Park property and the proposed replacement park property.
(B)A written environmental site assessment on the proposed replacement park property that describes the presence, absence, and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property.
(C)A written attestation from the county regarding the presence and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property, including whether the county objects to those hazardous substances, environmental problems, faults, defects, or violations.
(D)A written feasibility study that evaluates the suitability of the proposed replacement park property for public recreation.
(E)A complete and detailed list of the “permitted exceptions” listed in the preliminary title reports for the Glen Helen Regional Park property and the proposed replacement park property that the county and current owner of the proposed replacement park property have agreed on.
(F)A complete and detailed list of all rights, liens, mortgages, and bonds that remain in force against both the Glen Helen Regional Park property and the proposed replacement park property, and the details of all agreements between the county and the current owner of the proposed replacement park property regarding the nature, payment, or retirement of those rights, liens, mortgages, and bonds.
(6)On or before July 1, 2028, and before the county disposes of the Glen Helen Regional Park property, the county provides the department with final title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record, including a detailed list of the “permitted exceptions” listed in the final title reports that the county and current owner of the replacement park property have agreed on, that affect title to the Glen Helen Regional Park property or the proposed replacement park property.
(7)On or before July 1, 2028, and before the county’s acquisition of the proposed replacement park property, the county provides the department with a detailed written report of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property that have been corrected and a list of all those hazardous substances, environmental problems, faults, defects, or violations that have not been corrected.
(8)Upon the requirements of paragraphs
(1)to (7), inclusive, being met, and before the county disposes of the Glen Helen Regional Park property, the county enters into a final written agreement with the department, approved by the department, to transfer all of the county’s responsibilities and obligations pursuant to any grant contract applicable to the Glen Helen Regional Park property to the proposed replacement park property in perpetuity.
(b)Property acquired pursuant to subdivision
(a)shall be used for park purposes and shall be subject to all applicable state law requirements, including, if applicable, the requirements of the Roberti-Z’Berg-Harris Urban Open-Space and Recreation Program Act established in Chapter 3.2 (commencing with Section 5620).
(c)Replacement park property, as approved by the department pursuant to subdivision (a), shall be acquired either before or concurrently with the disposition of Glen Helen Regional Park property.