California Government Code ARTICLE 1 - Parks Dedicated by Original Town Site Map or Plat

  • Section 38400.
    As used in this article, “original dedicator” includes any person, or his successors and assigns, who has dedicated any land in the city for use...
  • Section 38401.
    “Abutting property” includes any property adjoining, or fronting on the park.(Added by Stats. 1949, Ch. 79.)
  • Section 38402.
    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,...
  • Section 38403.
    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...
  • Section 38404.
    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,...
  • Section 38405.
    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...
  • Section 38406.
    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...
  • Section 38407.
    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...
  • Section 38408.
    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...
  • Section 38409.
    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.(Added...
  • Section 38410.
    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...
  • Section 38411.
    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...
  • Section 38412.
    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,...
  • Section 38413.
    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,...
  • Section 38414.
    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...
  • Section 38415.
    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...
  • Section 38416.
    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...
  • Section 38417.
    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...
  • Section 38418.
    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...

Last modified: October 22, 2018