(a) For purposes of this section, “encroachment” means any unauthorized or unlawful interference with, or physical intrusion onto, or alteration of, the conservancy’s property, either above ground or below, including, but not limited to, buildings, walls, driveways, patios, swimming pools, gutters, and irrigation lines.

(b) Notwithstanding Section 33203 or any other provision of this division, the conservancy’s acquisition of real property or interest therein initiated after January 1, 2021, to address or resolve an encroachment on real property owned by the conservancy pursuant to this division is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), unless the value of the real property or interest therein exceeds five hundred thousand dollars ($500,000) per lot or parcel, as adjusted for annual changes to the Consumer Price Index for the State of California, as calculated by the United States Bureau of Labor Statistics. However, the conservancy may request the State Public Works Board to review and approve specific acquisitions.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(c) Nothing contained in subdivision (b) shall apply to the exercise of the power of eminent domain pursuant to this division.

(d) At least 45 days prior to the conservancy taking action pursuant to subdivision (b), the executive director of the conservancy shall provide written notice of the proposed acquisition of real property or of any interest in real property to both of the following:

(1) (A) Adjacent landowners, as indicated in the appropriate county tax roll.

(B) If an adjacent landowner objects to the proposed action, the conservancy shall hold a noticed public hearing on the objection to the acquisition before voting to recommend an action by the conservancy.

(2) (A) The city council of the city in which the real property is located or to the board of supervisors of the county in which the real property is located if the real property is located in an unincorporated area.

(B) If the city council or county board of supervisors votes to oppose the proposed action, the conservancy shall hold a noticed public hearing on the objection to the acquisition before voting to recommend an action by the conservancy.

(e) The value of the real property or interest therein subject to acquisition pursuant to subdivision (b) shall be determined by an independent third-party appraisal.

(Added by Stats. 2020, Ch. 310, Sec. 1. (SB 1380) Effective January 1, 2021.)