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GC Sec 7000-7002 SCENIC CONSERVATION
7000. It is the intent of the Legislature in enacting this chapter
to provide a means whereby the Departments of Water Resources, Parks
and Recreation, Fish and Game, and General Services, of the State of
California, may acquire by purchase, gift, grant, bequest, devise,
lease, condemnation or otherwise, the fee or any lesser interest or
right in real property in order to protect, preserve, maintain,
improve, restore, limit the future use of, or otherwise conserve for
public use and enjoyment any of the lands and areas, identified
below, alongside the Westside Freeway, Interstate Route 5, and the
California Aqueduct, which have significant scenic values:
(a) Between the California Aqueduct and the Westside Freeway from
Highway 41 north to Milham Avenue.
(b) Between the California Aqueduct and the Westside Freeway from
Ness Avenue north to Pioneer Road.
(c) Between the California Aqueduct, the Westside Freeway and the
Delta-Mendota Canal from Cottonwood Road north to the
freeway-aqueduct crossing at Orestimba Creek, and between the
aqueduct and freeway north of that point to the Alameda County line.
The Department of Transportation may acquire scenic easements
along said Westside Freeway, provided that funds for such easements
are obtained pursuant to the provisions of Section 319 of Title 23 of
the United States Code relating to the purchase of interests in
lands adjacent to highway rights-of-way, provided further that the
federal government reimburses the state for the costs of such scenic
easements, and also provided that the use of money for this purpose
will not reduce the amount of funds which would otherwise be
available to the state for highway purposes.
7001. The Legislature hereby declares that the acquisition of
interests or rights in real property for the preservation and
conservation of the scenic lands and areas provided for in Section
7000 constitutes a public purpose for which public funds may be
expended or advanced, and that any of the state departments specified
in this chapter may acquire, by purchase, gift, grant, bequest,
devise, lease, condemnation or otherwise, the fee or any lesser
interest, development right, easement, covenant or other contractual
right necessary to achieve the purposes of this chapter. Any of said
departments may also acquire the fee to any of the property for the
purpose of conveying or leasing said property back to its original
owner or another person under such covenants or other contractual
arrangements as will conserve the scenic character and value of the
property in accordance with the purposes of this chapter.
7002. The state agencies specified in Section 7000 may exercise the
powers specified in that section for the acquisition of rights or
interests in real property within the coastal zone, as defined in
Section 30103 of the Public Resources Code, for scenic easements or
any of the other purposes specified in Section 7000. The provisions
of Section 7001 shall apply to the provisions of this section. Such
agencies may expend any funds appropriated for such purposes in the
acquisition of such rights or interests in real property.