California Streets and Highways Code 104.26 – (a) (1) Any airspace under a freeway, or real property …
(a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Los Angeles, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.
(2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
Terms Used In California Streets and Highways Code 104.26
- City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
- Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
- Freeway: means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Streets and Highways Code 23.5
- highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
- 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.
(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.
(b) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of San Jose, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.
(2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.
(Added by Stats. 2018, Ch. 444, Sec. 1. (SB 519) Effective January 1, 2019.)