Section 107.6 Of Chapter 1. Construction From California Revenue And Taxation Code >> Division 1. >> Part 1. >> Chapter 1.
107.6
. (a) The state or any local public entity of government, when
entering into a written contract with a private party whereby a
possessory interest subject to property taxation may be created,
shall include, or cause to be included, in that contract, a statement
that the property interest may be subject to property taxation if
created, and that the party in whom the possessory interest is vested
may be subject to the payment of property taxes levied on the
interest.
(b) Failure to comply with the requirements of this section shall
not be construed to invalidate the contract. The private party may
recover damages from the contracting state or local public entity,
where the private party can show that without the notice, he or she
had no actual knowledge of the existence of a possessory interest
tax.
The private party is rebuttably presumed to have no actual
knowledge of the existence of a possessory interest tax.
In order to show damages, the private party need not show that he
or she would not have entered the contract but for the failure of
notice.
(c) For purposes of this section:
(1) "Possessory interest" means any interest described in Section
107.
(2) "Local public entity" shall have the same meaning as that set
forth in Section 900.4 of the Government Code and shall include
school districts and community college districts.
(3) "State" means the state and any state agency as defined in
Section 11000 of the Government Code and Section 89000 of the
Education Code.
(4) "Damages" mean the amount of the possessory interest tax for
the term of the contract.