California Public Resources Code 37021 – (a) If any property approved for acceptance pursuant to this …
(a) If any property approved for acceptance pursuant to this division is later transferred by the donee, the use of the property shall be restricted by deed to the conservation purposes for which the property was contributed pursuant to the program. If the board determines that the conservation purposes for which the property was contributed can no longer be achieved due to significantly changed circumstances beyond the control of the donee that accepted the property, the proceeds of the sale shall be used by the donee that accepted the property to acquire land in California of equal or greater value and comparable public resources values, as determined by the board. The land acquired shall meet the criteria of Section 37015. Nothing in this division prohibits the transfer of donated property to a nonprofit organization that is qualified to manage the property for the purposes intended by this division, if the terms of this section are met. Any local government or nonprofit organization seeking to sell land pursuant to this subdivision shall first obtain the approval of the board.
(b) Other than as provided by subdivision (a), property approved for acceptance pursuant to this division shall be used only for purposes consistent with Section 37015.
Terms Used In California Public Resources Code 37021
- Board: means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 2 of . See California Public Resources Code 37002
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means any entity created by statute within the Natural Resources Agency and authorized to hold title to land, or the Natural Resources Agency. See California Public Resources Code 37002
- Donee: The recipient of a gift.
- Donee: means any of the following:
California Public Resources Code 37002
- 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.
- Local government: means any city, county, city and county, or any district, as defined in Section 5902 or in Division 26 (commencing with Section 35100), or any joint powers authority made up of one or more of those entities or those entities and departments. See California Public Resources Code 37002
- Program: means the Natural Heritage Preservation Tax Credit Program authorized by this division. See California Public Resources Code 37002
- Property: means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights, as well as water rights. See California Public Resources Code 37002
(c) (1) If any unauthorized use is made of the property after the property is donated to a local government or nonprofit organization pursuant to this program, the local government or nonprofit organization shall seek to terminate the unauthorized use and restore the conservation benefits for which the property was contributed. If the board determines that the unauthorized use has not been terminated and the conservation benefits fully restored within a reasonable period of time, the fee title owner of the property shall pay to the state the greater of the following:
(A) The fair market value of the property based on appraisals when accepted by the board.
(B) The fair market value of the property based on appraisals at the time of and based on the unauthorized use of the property.
(2) The department that is the donee or the board may seek injunctive relief to prevent the unauthorized use of the property, or may assume ownership or management of the property to assure that it is used in the manner originally authorized.
(d) The board shall develop a process to monitor the uses of any land that a local government or nonprofit organization receives pursuant to this division in order to ensure those uses are in conformance with the purposes for which the property is accepted.
(Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 10. Effective January 1, 2001.)