Section 17494 Of Article 5. Surplus School Playground, Playing Field, And Recreational Property From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 4. >> Article 5.
17494
. Any land purchased or leased by a public agency pursuant to
this article shall thereafter be maintained by such agency for
playground, playing field, or other outdoor recreational and
open-space uses. Land which prior to its sale or lease was used for
playground or playing field purposes, shall continue to be maintained
for such use by the acquiring agency, unless the governing body of
that agency, by a two-thirds vote at a public hearing, determines
that there is no longer a significant need for the land to be so
used, in which case the land may thereafter be used for other outdoor
recreational or open-space purposes. The school district may, at any
time, reacquire the land at a price calculated in the manner
prescribed in Section 17491, and the rights of reacquisition provided
in this section shall be set forth in the deed or other instrument
of transfer. If the governing board of the public agency determines
that the land is no longer needed for playground, playing field, or
other outdoor recreational and open-space purposes, the public agency
shall offer the property to the school district for reacquisition
under this section, and the school district shall notify the public
agency within 60 days of its intent to reacquire the land. If the
school district intends to sell the property within one year of the
reacquisition date, the school district may finance the reacquisition
of the land by lien against the proceeds to be obtained from the
sale of the land by the school district. If the school district fails
to give the public agency timely notice of its intent to reacquire
the property, or if it fails to exercise its right of reacquisition,
the public agency may use or dispose of the property.
For purposes of this section, "cost of acquisition," as used in
Section 17491, shall refer to the cost at which the land was acquired
by the public agency.