California Education Code 17070.71 – (a) Notwithstanding subdivision (a) of Section 17070.70, new …
(a) Notwithstanding subdivision (a) of Section 17070.70, new construction or modernization funded pursuant to this chapter may be upon real property leased to the applicant school district if all of the following conditions are met:
(1) The property is leased from another governmental entity.
Terms Used In California Education Code 17070.71
- 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.
(2) The term of the lease is for at least 40 years after approval of the project under this chapter, or the school district has a lease for at least 25 years on federal property. The board may authorize a lesser term, of not less than 30 years only if the board finds that granting an exception to this requirement would be in the state’s best interest.
(b) The applicant school district, and the facility on leased land, if any, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, schoolsites and school buildings.
(c) Lease costs are not eligible project or site acquisition costs under this chapter.
(Added by Stats. 2000, Ch. 530, Sec. 1. Effective September 19, 2000.)