BILL NUMBER: AB 1238	CHAPTERED  07/27/07

	CHAPTER  145
	FILED WITH SECRETARY OF STATE  JULY 27, 2007
	APPROVED BY GOVERNOR  JULY 27, 2007
	PASSED THE SENATE  JULY 9, 2007
	PASSED THE ASSEMBLY  JULY 20, 2007
	AMENDED IN SENATE  JUNE 19, 2007
	AMENDED IN ASSEMBLY  MAY 14, 2007
	AMENDED IN ASSEMBLY  MAY 2, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Plescia

                        FEBRUARY 23, 2007

   An act to amend Section 25365 of the Government Code, relating to
county property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1238, Plescia. County property: exchanges.
   Existing law authorizes the board of supervisors of a county to
exchange real property of equal value with any person, firm, or
corporation, for the purpose of removing defects in the title to real
property owned by the county, or where the real property to be
exchanged is not required for county use and the property to be
acquired is required for county use, as specified.
   This bill would instead authorize the board of supervisors of a
county to exchange real property, as specified, with certain entities
provided that the value of any private real property exchanged is
equal to, or greater than, 75% of the value of the county property
offered in exchange, and would limit the cash added to the balance of
the transaction to be no more than 25% of the value of the county
property proposed for exchange.


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

  SECTION 1.  Section 25365 of the Government Code is amended to
read:
   25365.   (a) The board of supervisors may, by a four-fifths vote,
grant, convey, quitclaim, assign, or otherwise transfer to the state
or to any community redevelopment agency, housing authority,
community development commission, surplus property authority, federal
agency, city, school district, county board of education, special
district, joint powers agency, or any other public agency within the
county or exchange with those public agencies, any real or personal
property, or interest therein belonging to the county upon the terms
and conditions as are agreed upon and without complying with any
other provisions of this code, if the property or interest therein to
be granted and conveyed or quitclaimed is not required for county
use or in the event of an exchange, the property to be acquired is
required for county use.
   (b)  The board of supervisors may also, by a four-fifths vote,
exchange real property with any person, firm, or corporation, for the
purpose of removing defects in the title to real property owned by
the county, or where the real property to be exchanged is not
required for county use and the property to be acquired is required
for county use. If the real properties to be exchanged are not of
equal value, either party to the exchange may contribute cash or
other real property assets, acceptable to the other party, to balance
the transaction. The value of any private real property exchanged
shall be equal to, or greater than, 75 percent of the value of the
county property offered in exchange. The cash or other real property
assets to be added to balance the transaction shall not be greater
than 25 percent of the value of the county property proposed for
exchange.
   (c)  Unless the public agency to which the property is transferred
pursuant to this section and the public agency transferring the
property are governed by the same county board of supervisors, the
transferring board of supervisors shall publish a notice of its
intended action pursuant to Section 6061 at least one week prior
thereto in a newspaper of general circulation published in the
county.