Section 17402 Of Article 2. Leasing Property From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 4. >> Article 2.
17402
. Before the governing board of a school district enters into
a lease or agreement pursuant to this article, it shall have
available a site upon which a building to be used by the district may
be constructed and shall have complied with the provisions of law
relating to the selection and approval of sites, and it shall have
prepared and shall have adopted plans and specifications for the
building that have been approved pursuant to Sections 17280 to 17316,
inclusive. A district has a site available for the purposes of this
section under any of the following conditions:
(a) If it owns a site or if it has an option on a site that allows
the school district or the designee of the district to purchase the
site. Any school district may acquire and pay for an option
containing such a provision.
(b) If it is acquiring a site by eminent domain proceedings and
pursuant to Chapter 6 (commencing with Section 1255.010) of Title 7
of Part 3 of the Code of Civil Procedure, the district has obtained
an order for possession of the site, and the entire amount deposited
with the court as the probable amount of compensation for the taking
has been withdrawn.
(c) In the case of a district qualifying under Section 17410, if
it is leasing a site from a governmental agency pursuant to a lease
having an original term of 35 years or more or having an option to
renew that, if exercised, would extend the term to at least 35 years.