California Government Code 52200.6 – (a) (1) This part shall not be interpreted to authorize the …
(a) (1) This part shall not be interpreted to authorize the use of eminent domain for economic development purposes.
(2) For the purposes of this part, a city, county, or city and county shall not sell, lease, or otherwise transfer, at a price that is less than the fair market value, any real property that was acquired through eminent domain. This prohibition shall not apply to either of the following:
Terms Used In California Government Code 52200.6
- City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
- County: includes city and county. See California Government Code 19
- economic opportunity: means any of the following:
California Government Code 52200.2
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(A) Any real property governed by a long-range property management plan pursuant to § 34191.5 of the Health and Safety Code.
(B) Any housing asset transferred to a city, county, or city and county pursuant to paragraph (1) of subdivision (a) of § 34176 of the Health and Safety Code or subdivision (c) of § 34181 of the Health and Safety Code, provided that the successor agency or the designated local authority in the affected jurisdiction has received a finding of completion from the Department of Finance pursuant to § 34179.7 of the Health and Safety Code.
(b) The creation of an economic opportunity pursuant to this part shall be subject to the provisions of Section 53083.
(c) The provisions of this part shall be an alternative to any authority of a city, county, or city and county to create an economic opportunity or to acquire, sell, or lease property for economic development, found in the Constitution, state law, local ordinance, or charter. This part does not limit, or in any way affect, the application of any other such laws.
(Amended by Stats. 2016, Ch. 503, Sec. 2. (AB 806) Effective January 1, 2017.)