(a) A district may dedicate real property or an interest in real property owned by the district to another public agency for use as roads or utility rights-of-way, including but not limited to water, sewer, drainage, gas or electricity transmission, or communications purposes, pursuant to this section.
(b) The board of trustees of a district that proposes to dedicate real property or an interest in real property owned by the district to another public agency shall adopt a resolution of intention that contains:
(1) A description of the real property or interest in real property.
(2) The name of the public agency to which the district proposes to dedicate the property.
(3) The terms and conditions, including any consideration, of the proposed dedication.
(4) Findings, based on substantial evidence in the record:
(A) That the real property has never been used for interments.
(B) That no interment rights have been sold or leased for the real property.
(C) That the district does not need the property for cemetery purposes.
(5) A statement of the reason or reasons for the proposed dedication.
(6) A declaration that the proposed dedication is in the public interest and in the best interests of the district.
(c) Within 60 days of adopting a resolution of intention pursuant to subdivision (b), the board of trustees shall hold a public hearing on the proposed dedication. The board of trustees shall give notice of its hearing by publishing a notice pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the jurisdiction of the district at least 10 days before the hearing. The board of trustees shall post the public notice in at least three public places within the jurisdiction of the district, at least 10 days before the hearing. One of the public places shall be at the real property that the district proposes to dedicate, and one of the public places shall be at the offices of the district. In addition, the board of trustees shall mail the notice at least 10 days before the hearing to the other public agency and any other person who has filed written request for notice with the board of trustees.
(d) If the board of trustees adopts a resolution that dedicates the real property to another public agency, the board of trustees shall promptly execute a deed of dedication and send the deed to the other public agency. The dedication is effective when the other public agency records the deed of dedication with the county recorder of the county in which the real property is located.
(Added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)
Last modified: October 25, 2018