Section 1348 Of Article 3. Powers And Purposes From California Fish And Game Code >> Division 2. >> Chapter 4. >> Article 3.
1348
. (a) The board shall authorize the acquisition of real
property, rights in real property, water, or water rights as may be
necessary to carry out the purposes of this chapter. The board may
authorize acquisition by the department, but the department shall not
acquire any property pursuant to this subdivision by eminent domain
proceedings except that property as may be necessary to provide
access roads or rights-of-way to areas to be used for fishing the
coastal waters of the Pacific Ocean, and then only if the board of
supervisors of the affected county has agreed by resolution to those
proceedings for each parcel of land, and has further agreed by
resolution to maintain the road or right-of-way. The board may
authorize acquisition by the State Public Works Board, which may
effect acquisitions pursuant to the Property Acquisition Law, Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code.
(b) For the purposes of this chapter and Chapter 4.1 (commencing
with Section 1385), the board may authorize the acquisition of
interests in real property and water rights by means of gifts,
purchases, leases, easements, the transfer or exchange of property
for other property of like value, transfers of development rights or
credits, and purchases of development rights, conservation easements,
and other interests.
(c) To further implement this chapter and Chapter 4.1 (commencing
with Section 1385), the board may authorize the department to do any
of the following:
(1) Accept federal grants and receive gifts, donations,
subventions, rents, royalties, and other financial support from
public or private sources. Proceeds received from any of these
sources shall be deposited in the Wildlife Restoration Fund.
(2) Notwithstanding any other provision of law, lease, sell,
exchange, or otherwise transfer any real property, interest in real
property, or option acquired by or held under the jurisdiction of the
board or the department. Except as provided in Section 1355,
proceeds from transactions entered into pursuant to this paragraph
shall be deposited in the Wildlife Restoration Fund.
(3) Lease degraded potential wildlife habitat real property to
nonprofit organizations, local governmental agencies, or state and
federal agencies if the lessee agrees to restore the real property to
its highest possible wildlife habitat value and maintain the real
property at that highest possible wildlife habitat value. If
feasible, during the period of lease, the board may require that the
real property be open to the public for compatible recreational
opportunities. Proceeds from any lease or rental and interest thereon
shall be deposited in the Wildlife Restoration Fund.
(4) Acquire former wildlife habitat real property, including
riparian habitat real property, restore and sell the real property,
or any interest therein, to private owners, local governmental
agencies, or state departments and agencies, or exchange the property
for other real property, if a written and recorded agreement is
first secured to keep and maintain the real property as wildlife
habitat in perpetuity. The agreement shall contain a reversion if the
real property sold or exchanged is not maintained as wildlife
habitat. The agreement containing the reversion shall be set forth in
any conveyance transferring any real property, interest in real
property, or option subject to this section. Proceeds from the sales
shall be deposited in the Wildlife Restoration Fund.