Section 62203 Of Part 3. Property Acquisition From California Government Code >> Division 4. >> Title 6. >> Part 3.
62203
. (a) Any covenants, conditions, or restrictions existing on
any real property within a plan area prior to the time the authority
acquires title to that property, which covenants, conditions, or
restrictions restrict or purport to restrict the use of, or building
upon, that real property, shall be void and unenforceable as to the
authority and any other subsequent owners, tenants, lessees, easement
holders, mortgagees, trustees, beneficiaries under a deed of trust,
or any other persons or entities acquiring an interest in that real
property from that time as title to the real property is acquired by
an authority whether acquisition is by gift, purchase, eminent
domain, or otherwise.
(b) Thirty days prior to the acquisition of real property other
than by eminent domain, the authority shall provide notice of that
acquisition and the provisions of this section to holders of
interests which would be made void and unenforceable pursuant to this
section, as follows:
(1) The authority shall publish notice once in a newspaper of
general circulation in the community in which the agency is
functioning.
(2) The authority shall mail notice to holders of those interests
if those holders appear of record 60 days prior to the date of
acquisition.
The authority may accept any release by written instrument from
the holder of any interest or may commence action to acquire that
interest after the date of acquisition of the real property.
(c) This section shall not apply to covenants, conditions, or
restrictions imposed by an authority pursuant to a plan. This section
also shall not apply to covenants, conditions, or restrictions where
an authority in writing expressly acquires or holds property subject
to those covenants, conditions, or restrictions.
This section shall not limit or preclude any rights of reversion
of owners, assignees, or beneficiaries of those covenants,
conditions, or restrictions limiting the use of land in gifts of land
to cities, counties, or other governmental entities. This section
shall not limit or preclude the rights of owners or assignees of any
land benefited by any covenants, conditions, or restrictions to
recover damages against the agency if under law that owner or
assignee has any right to damages. No right to damages shall exist
against any purchaser from the authority or his or her successors or
assignees, or any other persons or entities.