BILL NUMBER: SB 1809	CHAPTERED
	BILL TEXT

	CHAPTER  603
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE ASSEMBLY  AUGUST 17, 2006
	PASSED THE SENATE  MAY 11, 2006
	AMENDED IN SENATE  APRIL 19, 2006

INTRODUCED BY   Senator Machado

                        FEBRUARY 24, 2006

   An act to amend Section 33373 of, and to repeal and add Section
33456 of, the Health and Safety Code, relating to redevelopment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1809, Machado   Redevelopment: eminent domain.
   Existing law governs eminent domain proceedings including those
initiated by community redevelopment agencies.  Existing law requires
a description of the land within a redevelopment project area and a
statement that proceedings for the redevelopment of the project area
have been instituted to be recorded with the county recorder of the
county in which the project area is situated after the legislative
body adopts a redevelopment plan. Existing law authorizes amendments
to a redevelopment plan to be recorded as promptly as practicable
following their adoption by the legislative body.
   This bill would require the statement to be recorded not later
than 60 days following adoption of a redevelopment plan or amendments
to a redevelopment plan. The statement regarding plan adoption and
the statement regarding amendments to the plan, if a plan amendment
adds territory to the project area, would be required to contain a
prominent heading in boldface type noting that the property that is
the subject of the statement is located within a redevelopment
project, a description of the provisions of the redevelopment plan
that authorize the agency to use of the power of eminent domain, and
a general description of any limitations on the use of the power of
eminent domain contained in the redevelopment plan. For a
redevelopment plan adopted on or before December 31, 2006, that
authorizes the acquisition of property by eminent domain, the bill
would require the agency, on or before December 31, 2007, to cause a
revised statement to be recorded with the county recorder of the
county in which the project area is situated containing all the above
information. The bill would prohibit an agency from commencing an
action in eminent domain until this statement is recorded with the
county recorder. By imposing new duties on local government, the bill
would create a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 33373 of the Health and Safety Code is amended
to read:
   33373.  (a) Not later than 60 days after the adoption of the
redevelopment plan by the legislative body there shall be recorded
with the county recorder of the county in which the project area is
situated a description of the land within the project area and a
statement that proceedings for the redevelopment of the project area
have been instituted under this part.
   (b) If the redevelopment plan authorizes the agency to acquire
property by eminent domain, the statement required pursuant to
subdivision (a) shall contain the following:
   (1) A prominent heading in boldface type noting that the property
that is the subject of the statement is located within a
redevelopment project.
   (2) A general description of the provisions of the redevelopment
plan that authorize the use of the power of eminent domain by the
agency.
   (3) A general description of any limitations on the use of the
power of eminent domain contained in the redevelopment plan,
including, without limitation, the time limit required by Section
33333.2.
   (c) For a redevelopment plan adopted on or before December 31,
2006, that authorizes the acquisition of property by eminent domain,
the agency shall, on or before December 31, 2007, cause a revised
statement to be recorded with the county recorder of the county in
which the project area is located containing all of the information
required by subdivisions (a) and (b).
   (d) An agency shall not commence an action in eminent domain until
the statement required by this section is recorded with the county
recorder of the county in which the project area is located.
   (e) Additional recordation of documents may be effected pursuant
to Section 27295 of the Government Code.
  SEC. 2.  Section 33456 of the Health and Safety Code is repealed.

  SEC. 3.  Section 33456 is added to the Health and Safety Code, to
read:
   33456.  (a) Not later than 60 days after the adoption of an
amendment to a redevelopment plan pursuant to this article there
shall be recorded with the county recorder of the county in which the
project area is located a statement that the redevelopment plan has
been amended. If the amendment adds territory to the redevelopment
project area, the statement shall contain a description of the added
territory, a prominent heading in boldface type noting that the
property that is the subject of the statement is located within a
redevelopment project, a general description of the provisions of the
amended redevelopment plan, if any, that authorize the use of the
power of eminent domain by the agency within the added territory, and
a general description of any limitations on the use of the power of
eminent domain within the added territory, including, without
limitation, the time limit required by Section 33333.2. If the
amendment changes any limitation on the use of eminent domain
contained in the redevelopment plan, the statement shall contain a
description of the land within the project area and a general
description of the change.
   (b) An agency shall not commence an action in eminent domain to
acquire property located within territory added to a project area by
an amendment to a redevelopment plan until the statement required by
this section is recorded with the county recorder of the county in
which the project area is located.
   (c) Additional recordation of documents may be effected pursuant
to Section 27295 of the Government Code.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.