California Public Resources Code 31116 – (a) Funds may be granted to a nonprofit organization under this …
(a) Funds may be granted to a nonprofit organization under this division if the nonprofit organization enters into an agreement with the conservancy, subject to terms and conditions specified by the conservancy.
(b) In the case of a grant for land acquisition, the agreement shall provide all of the following:
Terms Used In California Public Resources Code 31116
- Appraisal: A determination of property value.
- County: includes "city and county. See California Public Resources Code 14
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy.
(2) The conservancy shall approve the terms under which the interest in land is acquired.
(3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt to be incurred by the nonprofit organization unless the conservancy approves the transaction.
(4) The transfer of land acquired pursuant to a conservancy grant shall be subject to the approval of the conservancy and a new agreement sufficient to protect the interest of the people of California shall be entered into with the transferee.
(5) If any essential term or condition is violated, title to all interest in real property acquired with state funds shall immediately vest in the state.
(6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state unless another appropriate public agency or nonprofit organization is identified by the conservancy and agrees to accept title to all interests in real property.
(c) Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall set forth the reversionary interest of the state.
(d) The conservancy shall also require an agreement sufficient to protect the public interest in any improvement or development constructed under a grant to a nonprofit organization for improvement and development of a project under this division. The agreement shall particularly describe any real property that is subject to the agreement, and it shall be recorded by the conservancy in the county in which the real property is located.
(Amended by Stats. 2019, Ch. 469, Sec. 9. (SB 785) Effective January 1, 2020.)