SECTIONS 15850-15866

15850.  This part may be cited as the Property Acquisition Law.15851.  As used in this part, "board" means the State Public WorksBoard.15852.  The State Public Works Board has all the duties, powers,purposes, responsibilities, and jurisdiction of the PropertyAcquisition Board and whenever by law a duty or jurisdiction isimposed or authority conferred upon the Property Acquisition Board orupon any of its officers or employees such duty, jurisdiction, andauthority are vested in the State Public Works Board with the sameforce and effect as if the title of the State Public Works Board hadbeen specifically set forth therein.15853.  (a) The board may select and acquire, in the name of and onbehalf of the state, with the consent of the state agency concerned,the fee or any lesser right or interest in any real propertynecessary for any state purpose or function. (b) If moneys are appropriated by the Budget Act for any fiscalyear or by any other act for the acquisition of land or other realproperty, either (1) subject to this part or (2) for any state agencyfor whom property is acquired by the board, the moneys andacquisitions are subject to this part and the moneys shall beexpended in accordance with this part, notwithstanding any otherprovisions of law. (c) Notwithstanding any other provisions of law, all land andother real property to be acquired by or for any state agency, otherthan the Department of Transportation, the Department of WaterResources, the State Reclamation Board, the Department of Fish andGame, the Wildlife Conservation Board, the Public Employees'Retirement System, the State Teachers' Retirement System, theDepartment of Housing and Community Development, the State LandsCommission, except for property to be acquired for the State LandsCommission pursuant to an appropriation from the General Fund, andthe State Coastal Conservancy with respect to acceptance of offers todedicate public accessways made pursuant to Division 20 (commencingwith Section 30000) of the Public Resources Code, shall be acquiredby the State Public Works Board in accordance with this part. (d) (1) Notwithstanding subdivision (a), the board shall acquire,on behalf of and for the Department of Parks and Recreation, inaccordance with this part, any interests in real property, includingoptions to purchase, which have been appraised, selected, and settledthrough purchase negotiations by the Department of Parks andRecreation pursuant to subdivision (b) of Section 5006 of the PublicResources Code. Out of moneys appropriated for the acquisition ofoptions to purchase, no more than ten thousand dollars ($10,000) maybe expended for the acquisition of any single option unless otherwiseprovided by the Legislature. (2) Notwithstanding Section 15854, purchase negotiations forinterests in real property for the state park system pursuant tosubdivision (d) of Section 5006 of the Public Resources Code shall beinitiated within six months of the effective date of the act thatappropriates funds for the acquisition. Purchase negotiations on allprojects not proposed pursuant to subdivision (d) of Section 5006 ofthe Public Resources Code shall be initiated within 12 months of theeffective date of the act appropriating funds for the acquisition.Either title shall be conveyed or a written agreement to transfertitle shall be executed within the appropriate authorization periodunless the Department of Parks and Recreation formally abandons theacquisition prior to the conclusion of the appropriate authorizationperiod. For the purposes of this section, in order for the Departmentof Parks and Recreation to "formally abandon" an acquisition, itshall transmit written notification to the board of its intent not toproceed with the acquisition. (3) The board, at any time during the periods specified inparagraph (2), may commence condemnation proceedings if it finds itto be appropriate. However, if, during the appropriate authorizationperiod, title is not conveyed or a written agreement to transfertitle is not signed, the acquisition has not been formally abandoned,or condemnation proceedings have not been commenced, the Departmentof Parks and Recreation shall notify, by letter, the chair of thecommittee in each house of the Legislature that considersappropriations, the Chair of the Joint Legislative Budget Committee,and the Members of the Legislature within whose district any part ofthe land or other real property is located of the status of theacquisition. For the purpose of this paragraph, condemnationproceedings shall be deemed to be commenced as of the date the boardauthorizes acquisition by condemnation. (4) The board may schedule special meetings as are necessary toexpedite the acquisition of options to purchase real property for thestate park system. (e) The board may acquire furnishings that the owner thereofagrees to sell and that are contained within improvements acquired bythe board. Cost of acquisition of furnishings shall be charged tothe appropriation available for acquisition of the real property.15854.  Property may be acquired pursuant to this part bycondemnation in the manner provided for in Title 7 (commencing withSection 1230.010) of Part 3 of the Code of Civil Procedure.15854.1.  At the request of the owner of property acquired pursuantto this part, the board may enter into an agreement with the ownerspecifying the manner of payment of compensation to which the owneris entitled as the result of the acquisition. The agreement mayprovide that the compensation shall be paid by the board to the ownerover a period not to exceed 10 years from the date the owner's rightto compensation accrues. The agreement may also provide for thepayment of interest by the board; however, the rate of interestagreed upon may not exceed the maximum rate authorized by Section16731 or 53531 of the Government Code, as applicable, in connectionwith the issuance of bonds.15854.5.  To promote the safety of students, comprehensive communityplanning, and greater educational usefulness of state universitysites, the Trustees of the California State University, before theboard acquires title to property for any site, shall undertake thefollowing action: Immediately after receiving notice of the proposed acquisition ofproperty which is within two miles, measured by air line, of thatpoint on an airport boundary which is nearest the site, the Trusteesof the California State University shall notify the Department ofAeronautics, in writing, of the proposed acquisition. The Departmentof Aeronautics shall make an investigation and report to the trusteeswithin 25 days after receipt of the notice. If the Department ofAeronautics is no longer in operation, the trustees shall, in lieu ofnotifying the commission, notify the Federal Aviation Agency or anyother appropriate agency, in writing, of the proposed acquisition forthe purpose of obtaining from the authority or other agency anyinformation or assistance it may desire to give. The Trustees of the California State University shall investigatethe proposed site and within 30 days after receipt of the noticeshall submit to the board a written report and its recommendationsconcerning acquisition of the site. The board shall not acquire titleto the property until the report of the trustees has been received.If the report does not favor the acquisition of the property for astate university site or an addition to a state university site, theboard shall not acquire title to the property until 30 days after thetrustees' report is received and until the trustees' report has beenread at a public hearing duly called after 10 days' notice publishedonce in a newspaper of general circulation within the county inwhich the property is located.15855.  (a) Notwithstanding any other provision of law, except asprovided in subdivision (b), the State Public Works Board is the onlystate agency that may exercise the power of eminent domain toacquire property needed by any state agency for any state purpose orfunction. (b) Subdivision (a) does not affect or limit the right of theDepartment of Transportation, Department of Water Resources, StateLands Commission, State Reclamation Board, Hastings College of theLaw, or the Regents of the University of California to exercise thepower of eminent domain. Subdivision (a) does not affect or limit theexercise of the power of eminent domain by the Department of Fishand Game pursuant to Section 1348 of the Fish and Game Code.15857.  The board may agree with the owner of part or all of theproperty to be condemned as to the compensation to be paid, and mayincorporate such agreement in a stipulation to be filed in thecondemnation proceeding.15860.  (a) Any appropriation for the acquisition of real propertypursuant to this part may be expended for the payment of all costsand expenses, including the cost of investigation and surveys, thefees and expenses of appraisers and expert witnesses, and the cost oftitle searches necessarily incurred in the examination, and thedetermination of the suitability of any real property to be acquiredor under consideration for acquisition, or necessarily incurred inthe course of acquisition of any such real property. Claims for costsand expenses shall be presented by the Director of General Servicesand shall be paid by the Controller. (b) Notwithstanding subdivision (a), claims for those costs andexpenses related to real property acquisitions by the Department ofParks and Recreation, shall be presented by the Director of Parks andRecreation, and shall be paid by the Controller.15861.  Whenever it appears to the satisfaction of the board thatany part of the campus of a state university acquired as a site forstudent housing will, if used for such purpose, interfere with theproper and orderly development of the campus, the board may authorizethe use of such site for any other purpose of the state universityupon the Trustees of the California State University designating someother part of the campus as a site for the student housing affected.15862.  (a) Except as specified in subdivision (b), all realproperty or interest in real property acquired by the state or theJudicial Council pursuant to the Trial Court Facilities Act of 2002(Chapter 5.7 (commencing with Section 70301) of Title 8), or pursuantto Sections 69202 to 69206, inclusive, shall be under thejurisdiction of the Judicial Council immediately upon transfer of thetitle to the state. (b) When real property is acquired by the state pursuant to thispart, jurisdiction over the property shall remain in the Departmentof General Services until the property is needed for the purpose forwhich it was acquired. The Director of General Services may transferjurisdiction of the property to the agency for whose use it wasacquired before it is needed for the purpose for which acquired if inhis opinion the transfer is in the best interests of the state. Thedepartment may lease all or any portion of the property which is notpresently needed on terms and conditions as the director may fix andmay maintain, improve, and care for the property in order to securerent therefrom. The department may remove or demolish buildings orother structures on the property when it is desirable to do so. Itmay sell or dispose of the improvements or any materials availableupon the demolishing of any building or structure on the property.15862.5.  Notwithstanding Section 15862, all real property orinterest in real property acquired by the Department of Parks andRecreation pursuant to subdivision (d) of Section 15853 of theGovernment Code and Section 5006 of the Public Resources Code shallbe under the jurisdiction of the Department of Parks and Recreation,immediately upon transfer of the title to the state. The Departmentof Parks and Recreation shall attempt to make the real propertyaccessible and usable by the general public at the earliest possibletime.15863.  (a) The net proceeds of any sale made pursuant to Section15862 shall be deposited in the Deficit Recovery Bond RetirementSinking Fund Subaccount established pursuant to subdivision (f) ofSection 20 of Article XVI of the California Constitution, until thetime that the bonds issued pursuant to the Economic Recovery Bond Act(Title 18 (commencing with Section 99050)), approved by the votersat the March 2, 2004, statewide primary election, are retired. Atthat time, the net proceeds, as defined in subdivision (g) of Section11011, received pursuant to this section shall be deposited in theSpecial Fund for Economic Uncertainties. (b) All rents received by the Department of General Servicespursuant to Section 15862 shall be deposited in the PropertyAcquisition Law Money Account and shall be available for expenditureby the Department of General Services upon appropriation.15864.  (a) On behalf of the board, the Director of General Servicesshall file against any appropriation made for expenditure under thispart all claims covering expenditures incurred in acquiring realproperty pursuant to the act by which the appropriation is made, andthe Controller shall draw a warrant therefor. (b) Notwithstanding subdivision (a), the Director of Parks andRecreation, on behalf of the board, shall file against anyappropriation for expenditure under this part all claims coveringexpenditures incurred by the Department of Parks and Recreation inthe acquisition of real property for the state park system pursuantto the act by which the appropriation is made, and the Controllershall draw a warrant therefor.15865.  Whenever the board finds that any portion of the funds inany appropriation for the acquisition of real property under thispart is unneeded for the acquisition of the site for which theappropriation was made, the Director of Finance may, upon therecommendation of the board, authorize the transfer of the unneededfunds to any other appropriation for the acquisition of real propertymade for expenditure under this part and in augmentation of theother appropriation. However, no part of any appropriation made forexpenditure pursuant to this part for the acquisition of a site forthe use of an institution, college, school, or other agency within astate department shall be transferred to an appropriation for theacquisition of a site for the use of an institution, college, school,or other agency within another state department. For the purposes ofthis section appropriations for sites for state office buildings,state garages, state warehouses, and official residences are for theuse of the Department of General Services.15866.  Without at the time furnishing vouchers and itemizedstatements, the board may withdraw from any appropriation made forexpenditure under this part a sum that may be approved by theDirector of Finance for use as a revolving fund where payment ofcompensation or cash advances are necessary.