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Chapter 4. Rights-of-way of California Public Utilities Code >> Division 19.5. >> Chapter 4.
(a) If the authority determines that real property or an
interest therein, previously or hereafter acquired by the state for
high-speed rail purposes, is no longer necessary for those purposes,
the authority may sell or exchange the real property or interest
therein at fair market value in the manner set forth in this section.
(b) The authority may sell the property to an adjoining landowner if it makes either of the following two findings:
(1) (A) That the property is of a size or shape that it is below the average normal standard size and shape of other privately owned properties in the immediate neighborhood, and that if the property were sold to other than the adjoining owner, it would give rise to a land use development thereof that would be below and not consistent with the normal land use of other properties in that neighborhood, (B) that the sale of the property to a party other than the adjoining owner may cause an undue or unfair hardship to the adjoining owner in the normal land use development or operation of his or her property, (C) that the property considered as part of the adjoining property would have a higher and better use than under separate ownership, and (D) that the fair market value of the property considered as part of the adjoining property would be higher than under separate ownership.
(2) That the sale of the excess parcel to other than the adjoining owner would deprive the adjoining owner of an existing vested right of access to a public highway and thereby create a possible cause of action against the authority or the state. A sale to an adjoining landowner pursuant to this subdivision may be by contract to sell or trust deed. The payment period in a contract of sale or sale by trust deed shall not extend longer than 10 years from the time the contract of sale or trust deed is executed, and a transaction involving a contract of sale or sale by trust deed to private parties shall require a downpayment of at least 30 percent of the purchase price.
(c) The authority may sell the property to municipalities or other local agencies at their request, without calling for competitive bids, at a price representing the fair market value thereof, and upon a determination that the intended use is for a public purpose.
(d) If it is improved property, the property may be sold to a former owner who has remained in occupancy, or to a residential tenant of a tenure of five years or more with all rent obligations current or paid in full.
(e) Any real property or interest therein may in like manner be exchanged, either as whole or part consideration, for any other real property or interest therein as needed for high-speed rail purposes. This provision does not authorize exchanges where the value of the state-owned property exceeds the value of the property the authority seeks to acquire, unless the excess value is incidental and subdivision of the state-owned property, in order to produce a smaller parcel of equal value to the value of the property the authority seeks to acquire, would reduce the total value of the state-owned property.
(f) Except as otherwise provided in this section, property shall be sold either by receipt of competitive sealed bids, or at public auction, whichever method is determined by the authority to be more likely to achieve the higher sales price.
(g) Any payments received under this section for the sale of real property no longer necessary for high-speed rail purposes shall be deposited in the High-Speed Rail Property Fund created pursuant to Section 185045, and shall be available to the authority upon appropriation as provided in that section.
(b) The authority may sell the property to an adjoining landowner if it makes either of the following two findings:
(1) (A) That the property is of a size or shape that it is below the average normal standard size and shape of other privately owned properties in the immediate neighborhood, and that if the property were sold to other than the adjoining owner, it would give rise to a land use development thereof that would be below and not consistent with the normal land use of other properties in that neighborhood, (B) that the sale of the property to a party other than the adjoining owner may cause an undue or unfair hardship to the adjoining owner in the normal land use development or operation of his or her property, (C) that the property considered as part of the adjoining property would have a higher and better use than under separate ownership, and (D) that the fair market value of the property considered as part of the adjoining property would be higher than under separate ownership.
(2) That the sale of the excess parcel to other than the adjoining owner would deprive the adjoining owner of an existing vested right of access to a public highway and thereby create a possible cause of action against the authority or the state. A sale to an adjoining landowner pursuant to this subdivision may be by contract to sell or trust deed. The payment period in a contract of sale or sale by trust deed shall not extend longer than 10 years from the time the contract of sale or trust deed is executed, and a transaction involving a contract of sale or sale by trust deed to private parties shall require a downpayment of at least 30 percent of the purchase price.
(c) The authority may sell the property to municipalities or other local agencies at their request, without calling for competitive bids, at a price representing the fair market value thereof, and upon a determination that the intended use is for a public purpose.
(d) If it is improved property, the property may be sold to a former owner who has remained in occupancy, or to a residential tenant of a tenure of five years or more with all rent obligations current or paid in full.
(e) Any real property or interest therein may in like manner be exchanged, either as whole or part consideration, for any other real property or interest therein as needed for high-speed rail purposes. This provision does not authorize exchanges where the value of the state-owned property exceeds the value of the property the authority seeks to acquire, unless the excess value is incidental and subdivision of the state-owned property, in order to produce a smaller parcel of equal value to the value of the property the authority seeks to acquire, would reduce the total value of the state-owned property.
(f) Except as otherwise provided in this section, property shall be sold either by receipt of competitive sealed bids, or at public auction, whichever method is determined by the authority to be more likely to achieve the higher sales price.
(g) Any payments received under this section for the sale of real property no longer necessary for high-speed rail purposes shall be deposited in the High-Speed Rail Property Fund created pursuant to Section 185045, and shall be available to the authority upon appropriation as provided in that section.
The authority may sell or lease excess right-of-way
parcels to municipalities or other local agencies for public
purposes, and may accept as all or part of the consideration for the
sale or lease any substantial benefits the state will derive from the
municipality or other local agency's undertaking maintenance or
landscaping costs that would otherwise be the obligation of the
state.
The authority may lease nonoperating right-of-way areas to
municipalities or other local agencies for public purposes, and may
contribute toward the cost of developing local parks and other
recreational facilities on those areas. The authority may accept as
all or part of the consideration for the lease or for the state
contribution any substantial benefits the state will derive from the
municipality or other local agency's undertaking maintenance or
landscaping costs that would otherwise be the obligation of the
state. Those leases shall contain a provision that whenever the
leased land is needed for high-speed rail operating purposes the
lease shall terminate. The authority is authorized to classify
portions of high-speed rail rights-of-way as nonoperating.
The authority may lease to public agencies or private
entities or individuals for any term not to exceed 99 years the use
of areas above or below operating rights-of-way and portions of
property not currently being used as operating rights-of-way, subject
to any reservations, restrictions, and conditions that it deems
necessary to ensure adequate protection of the safety and adequacy of
high-speed rail facilities and of abutting or adjacent land uses.
Prior to entering into any lease, the authority shall determine that
the proposed use is not in conflict with the zoning regulations of
the local government concerned. The leases shall be made in
accordance with procedures to be prescribed by the authority, except
that, in the cases of leases with private entities or individuals,
the leases shall be made only after competitive bidding. The
possibilities of entering into the leases, and the consequent
benefits to be derived therefrom, may be considered by the authority
in designing and constructing the high-speed rail system. Revenues
from the leases shall be deposited in the High-Speed Rail Property
Fund created pursuant to Section 185045.
The High-Speed Rail Property Fund is hereby created in the
State Treasury for the deposit of revenue received from the sale,
lease, or grant of any interest in or use of real property owned or
managed by the High-Speed Rail Authority. Revenues in the fund shall
be available to the authority, upon appropriation by the Legislature,
for use in the development, improvement, and maintenance of the
high-speed rail system, consistent with appropriate uses for each
funding source.
