The provisions of this chapter shall not apply to a public utility, whether privately or publicly owned, acquiring real property or any interest in real property as a waterway; provided, that the legislative body of the operating entity determines by a majority vote that such waterway would preserve or enhance the recreational or aesthetic values of the park.

(Added by Stats. 1971, Ch. 1642.)

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Terms Used In California Public Resources Code 5403.5

  • operating entity: means the entity owning the park land and the facilities thereon. See California Public Resources Code 5400.6
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.