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State
California
PRC Sec 5096.191-5096.197 Miscellaneous Provisions CALIFORNIA PARKLANDS ACT OF 1980 (PARKS AND MONUMENTS)

PUBLIC RESOURCES CODE
SECTION 5096.191-5096.197





5096.191. Projects authorized for the purposes set forth in
subdivision (b), category (1) of subdivision (c), and subdivision (d)
of Section 5096.151 shall be subject to augmentation as provided in
Section 16352 of the Government Code, as limited by any provision of
the Budget Act. The unexpended balance in any appropriation made
payable from the fund which the Director of Finance, with the
approval of the State Public Works Board, determines not to be
required for expenditure pursuant to the appropriation, may be
transferred on order of the Director of Finance to, and in
augmentation of, the appropriation made in Section 16352 of the
Government Code.



5096.192. The Director of Parks and Recreation may make agreements
with respect to any real property acquired pursuant to subdivision
(b) and category (1) of subdivision (c) of Section 5096.151, and the
Executive Officer of the State Coastal Conservancy may make
agreements with respect to any real property acquired pursuant to
subdivision (d) of Section 5096.151 for the continued tenancy of the
seller of the property for a period of time and under such conditions
as mutually agreed upon by the state and the seller so long as the
seller promises to pay such taxes on his interest in the property as
shall become due, owing, or unpaid on the interest created by such
agreement, and so long as the seller conducts his operations on the
land according to specifications issued by the appropriate director
or officer to protect the property for the public use for which it
was acquired. A copy of such agreement shall be filed with the
county clerk in the county in which the property lies. Such
arrangement shall be compatible with the operation of the area by the
state, as determined by the appropriate director or officer.




5096.193. All real property acquired pursuant to this chapter shall
be acquired in compliance with the provisions of Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 of the
Government Code. The Department of Parks and Recreation or the State
Coastal Conservancy, as the case may be, shall prescribe procedures
sufficient to assure such compliance by local public agencies.



5096.194. For the purposes of this chapter, acquisition may include
gifts, purchases, leases, easements, the exercise of eminent domain
if expressly authorized, the transfer or exchange of property for
other property of like value, and purchases of development rights and
other interests.


5096.195. All grants, gifts, devises, or bequests to the state,
conditional or unconditional, for park, conservation, recreation, or
other purposes for which real property may be acquired or developed
pursuant to this chapter, may be accepted and received on behalf of
the state by the appropriate departmental director with the approval
of the Director of Finance. Such grants, gifts, devises, or bequests
shall be available, when appropriated by the Legislature, for
expenditure for the purposes specified in Section 5096.151.



5096.196. Real property acquired by the state shall consist
predominantly of open or natural lands, including lands under water
capable of being utilized for multiple recreational purposes, and
lands necessary for the preservation of coastal or historical
resources. No funds derived from the bonds authorized by this
division shall be expended for the construction of any reservoir
designated as a part of the "State Water Facilities," as defined in
subdivision (d) of Section 12934 of the Water Code, but such funds
may be expended for the acquisition or development of beaches, parks,
recreational facilities, and historical resources at or in the
vicinity of any such reservoir.



5096.197. (a) Prior to recommending the acquisition of lands that
are located on or near tidelands, submerged lands, swamp or
overflowed lands, or other wetlands, whether or not such lands have
been granted in trust to a local public agency, the Director of Parks
and Recreation or, the Executive Officer of the State Coastal
Conservancy, or the Executive Director of the San Francisco Bay
Conservation and Development Commission, as the case may be, shall
submit to the State Lands Commission any proposal by a state or local
public agency for the acquisition of such lands pursuant to this
chapter. The State Lands Commission shall, within three months of
such submittal, review such proposed acquisition, make a
determination as to the state's existing or potential interest in the
lands, and report its findings to the person making the submittal
and to the Department of General Services.
(b) No provision of this chapter shall be construed as authorizing
the condemnation of state lands.