Bill Text: CA AB1962 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Real property: parks and open space: irrevocable offers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-09 - Chaptered by Secretary of State - Chapter 59, Statutes of 2010. [AB1962 Detail]

Download: California-2009-AB1962-Chaptered.html

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BILL NUMBER: AB 1962	CHAPTERED
	BILL TEXT

	CHAPTER  59
	FILED WITH SECRETARY OF STATE  JULY 9, 2010
	APPROVED BY GOVERNOR  JULY 9, 2010
	PASSED THE SENATE  JUNE 24, 2010
	PASSED THE ASSEMBLY  JULY 1, 2010
	AMENDED IN SENATE  JUNE 9, 2010
	AMENDED IN SENATE  JUNE 7, 2010
	AMENDED IN SENATE  MAY 27, 2010
	AMENDED IN ASSEMBLY  MARCH 18, 2010

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 17, 2010

   An act to add Section 5565.5 to the Public Resources Code,
relating to real property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1962, Chesbro. Real property: parks and open space: irrevocable
offers of dedication.
   Existing law authorizes a regional park district, regional park
and open-space district, or regional open-space district to plan,
adopt, lay out, plant, develop, and otherwise improve, extend,
control, operate, and maintain a system of public parks, playgrounds,
golf courses, beaches, trails, natural areas, ecological and
open-space preserves, parkways, scenic drives, boulevards, and other
facilities for public recreation, for the use and enjoyment of the
inhabitants of the district, and to select, designate, and acquire
land, or rights in land, within or without the district, to be used
and appropriated for those purposes.
   This bill would authorize an irrevocable offer of dedication of an
interest in real property for any of those uses and purposes to be
made to such a district, with the consent of the board of directors
of the district. The bill would require the offer of dedication to be
executed, acknowledged, and recorded in the same manner as a
conveyance of real property, and would provide that, when recorded in
the office of the county recorder, the offer of dedication is
irrevocable and may be accepted at any time by the board of directors
of the district. The bill would authorize the board of the directors
of the district to terminate the offer of dedication and abandon the
right to accept the offer, if 2 specified findings are made.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5565.5 is added to the Public Resources Code,
to read:
   5565.5.  (a) With the consent of the board of directors of a
district, an irrevocable offer of dedication of real property or any
interest in real property for any of the purposes authorized by this
article may be made to the district pursuant to this section. The
offer of dedication shall be executed, acknowledged, and recorded in
the same manner as a conveyance of real property. The offer of
dedication, when recorded in the office of the county recorder, shall
be irrevocable and may be accepted at any time by the board of
directors of the district.
   (b) An offer of dedication may be terminated, and the right to
accept the offer abandoned, by a majority vote of the board of
directors of the district and only if the board of directors makes
both of the following findings:
   (1) The offer of dedication was never accepted and, therefore,
termination or abandonment of the offer does not constitute a
conveyance of an interest in real property dedicated for park or
open-space purposes.
   (2) Now, or in the future, the district cannot effectively use the
real property, or interest in real property, that would be conveyed
by the offer of dedication for park or open-space purposes.
   (c) The procedure prescribed by this section is alternative to any
other procedure authorized by law.