State Codes and Statutes

Statutes > California > Gov > 50568-50573

GOVERNMENT CODE
SECTION 50568-50573



50568.  Unless the context otherwise requires, the following
definitions govern the construction of this article:
   (a) "Persons and families of low or moderate income" means persons
and families of low or moderate income, as defined by Section 50093
of the Health and Safety Code.
   (b) "Limited dividend housing corporation" means any joint
venture, partnership, limited partnership, trust, limited liability
company, or corporation organized or existing under the laws of this
state or authorized to do business in this state and subject to the
restrictions of Division 24 (commencing with Section 33000) of the
Health and Safety Code.
   (c) "Housing corporation" means a corporation organized pursuant
to the Community Land Chest Law (Chapter 2 (commencing with Section
35100) of Part 3 of Division 24 of the Health and Safety Code).
   (d) "Nonprofit corporation" means a nonprofit corporation formed
under or subject to the provisions of Part 2 (commencing with Section
5110) of Division 2 of Title 1 of the Corporations Code and whose
articles of incorporation provide that the corporation has been
organized exclusively to provide housing facilities for persons and
families of low or moderate income.



50569.  On or before December 31 of each year, each local agency as
defined in Section 54951 shall make an inventory of all lands held,
owned or controlled by it or any of its departments, agencies or
authorities to determine what land, including air rights, if any, is
in excess of its foreseeable needs. A description of each parcel
found to be so in excess of needs shall be made a matter of public
record. Any citizen, limited dividend corporation, housing
corporation or nonprofit corporation, shall upon request be provided
with a list of said parcels without charge.



50570.  Notwithstanding the provisions of Sections 54222 and 54223,
a local agency, or any department, agency or authority thereof may
lease, sell or grant or otherwise transfer any real property,
including air rights owned, held or controlled by it and found to be
in excess of foreseeable needs under this article, to any housing
corporation, limited dividend corporation or nonprofit corporation,
upon such terms and conditions as any other provisions of law
notwithstanding the local agency may deem to be best suited to the
development of the parcel for housing available to persons and
families of low or moderate income at affordable housing cost, as
defined by Section 50052.5 of the Health and Safety Code. The deed or
other instrument of conveyance shall provide that whenever the
ownership of the land or the mortgagor corporation is no longer
composed of a majority of the nonprofit or limited dividend sponsors,
title to the land shall revert to the local agency. The deed or
other instrument of conveyance shall also contain a recital that the
grantor local agency or department, agency or authority thereof has
made the finding required by this section and such recital shall be
conclusive in favor of purchasers or encumbrancers for value.



50572.  Property may be transferred under this article only after a
public hearing, but without regard to other provisions of this code
concerning leases of real property.



50573.  Any person or family of low or moderate income, housing
corporation, limited dividend housing corporation, or nonprofit
corporation may bring an action to enforce the provisions of this
article relating to the inventory pursuant to Section 50569.


State Codes and Statutes

Statutes > California > Gov > 50568-50573

GOVERNMENT CODE
SECTION 50568-50573



50568.  Unless the context otherwise requires, the following
definitions govern the construction of this article:
   (a) "Persons and families of low or moderate income" means persons
and families of low or moderate income, as defined by Section 50093
of the Health and Safety Code.
   (b) "Limited dividend housing corporation" means any joint
venture, partnership, limited partnership, trust, limited liability
company, or corporation organized or existing under the laws of this
state or authorized to do business in this state and subject to the
restrictions of Division 24 (commencing with Section 33000) of the
Health and Safety Code.
   (c) "Housing corporation" means a corporation organized pursuant
to the Community Land Chest Law (Chapter 2 (commencing with Section
35100) of Part 3 of Division 24 of the Health and Safety Code).
   (d) "Nonprofit corporation" means a nonprofit corporation formed
under or subject to the provisions of Part 2 (commencing with Section
5110) of Division 2 of Title 1 of the Corporations Code and whose
articles of incorporation provide that the corporation has been
organized exclusively to provide housing facilities for persons and
families of low or moderate income.



50569.  On or before December 31 of each year, each local agency as
defined in Section 54951 shall make an inventory of all lands held,
owned or controlled by it or any of its departments, agencies or
authorities to determine what land, including air rights, if any, is
in excess of its foreseeable needs. A description of each parcel
found to be so in excess of needs shall be made a matter of public
record. Any citizen, limited dividend corporation, housing
corporation or nonprofit corporation, shall upon request be provided
with a list of said parcels without charge.



50570.  Notwithstanding the provisions of Sections 54222 and 54223,
a local agency, or any department, agency or authority thereof may
lease, sell or grant or otherwise transfer any real property,
including air rights owned, held or controlled by it and found to be
in excess of foreseeable needs under this article, to any housing
corporation, limited dividend corporation or nonprofit corporation,
upon such terms and conditions as any other provisions of law
notwithstanding the local agency may deem to be best suited to the
development of the parcel for housing available to persons and
families of low or moderate income at affordable housing cost, as
defined by Section 50052.5 of the Health and Safety Code. The deed or
other instrument of conveyance shall provide that whenever the
ownership of the land or the mortgagor corporation is no longer
composed of a majority of the nonprofit or limited dividend sponsors,
title to the land shall revert to the local agency. The deed or
other instrument of conveyance shall also contain a recital that the
grantor local agency or department, agency or authority thereof has
made the finding required by this section and such recital shall be
conclusive in favor of purchasers or encumbrancers for value.



50572.  Property may be transferred under this article only after a
public hearing, but without regard to other provisions of this code
concerning leases of real property.



50573.  Any person or family of low or moderate income, housing
corporation, limited dividend housing corporation, or nonprofit
corporation may bring an action to enforce the provisions of this
article relating to the inventory pursuant to Section 50569.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 50568-50573

GOVERNMENT CODE
SECTION 50568-50573



50568.  Unless the context otherwise requires, the following
definitions govern the construction of this article:
   (a) "Persons and families of low or moderate income" means persons
and families of low or moderate income, as defined by Section 50093
of the Health and Safety Code.
   (b) "Limited dividend housing corporation" means any joint
venture, partnership, limited partnership, trust, limited liability
company, or corporation organized or existing under the laws of this
state or authorized to do business in this state and subject to the
restrictions of Division 24 (commencing with Section 33000) of the
Health and Safety Code.
   (c) "Housing corporation" means a corporation organized pursuant
to the Community Land Chest Law (Chapter 2 (commencing with Section
35100) of Part 3 of Division 24 of the Health and Safety Code).
   (d) "Nonprofit corporation" means a nonprofit corporation formed
under or subject to the provisions of Part 2 (commencing with Section
5110) of Division 2 of Title 1 of the Corporations Code and whose
articles of incorporation provide that the corporation has been
organized exclusively to provide housing facilities for persons and
families of low or moderate income.



50569.  On or before December 31 of each year, each local agency as
defined in Section 54951 shall make an inventory of all lands held,
owned or controlled by it or any of its departments, agencies or
authorities to determine what land, including air rights, if any, is
in excess of its foreseeable needs. A description of each parcel
found to be so in excess of needs shall be made a matter of public
record. Any citizen, limited dividend corporation, housing
corporation or nonprofit corporation, shall upon request be provided
with a list of said parcels without charge.



50570.  Notwithstanding the provisions of Sections 54222 and 54223,
a local agency, or any department, agency or authority thereof may
lease, sell or grant or otherwise transfer any real property,
including air rights owned, held or controlled by it and found to be
in excess of foreseeable needs under this article, to any housing
corporation, limited dividend corporation or nonprofit corporation,
upon such terms and conditions as any other provisions of law
notwithstanding the local agency may deem to be best suited to the
development of the parcel for housing available to persons and
families of low or moderate income at affordable housing cost, as
defined by Section 50052.5 of the Health and Safety Code. The deed or
other instrument of conveyance shall provide that whenever the
ownership of the land or the mortgagor corporation is no longer
composed of a majority of the nonprofit or limited dividend sponsors,
title to the land shall revert to the local agency. The deed or
other instrument of conveyance shall also contain a recital that the
grantor local agency or department, agency or authority thereof has
made the finding required by this section and such recital shall be
conclusive in favor of purchasers or encumbrancers for value.



50572.  Property may be transferred under this article only after a
public hearing, but without regard to other provisions of this code
concerning leases of real property.



50573.  Any person or family of low or moderate income, housing
corporation, limited dividend housing corporation, or nonprofit
corporation may bring an action to enforce the provisions of this
article relating to the inventory pursuant to Section 50569.