California Government Code ARTICLE 2 - Parks Dedicated by City

• Section 38440.
  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...
• Section 38441.
  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...
• Section 38442.
  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...
• Section 38443.
  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...
• Section 38444.
  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...
• Section 38445.
  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...
• Section 38446.
  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...
• Section 38447.
  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,...
• Section 38448.
  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,...
• Section 38449.
  At the time set for the hearing or to which it is postponed, the legislative body shall hear and pass upon all such protests.(Added by...
• Section 38450.
  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...
• Section 38451.
  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...
• Section 38452.
  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...
• Section 38460.
  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...
• Section 38461.
  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...
• Section 38462.
  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...

Last modified: October 22, 2018