BILL NUMBER: AB 1962	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2010
	AMENDED IN ASSEMBLY  MARCH 18, 2010

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 17, 2010

   An act to add Section 5565.5 to the Public Resources Code,
relating to real property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1962, as amended, Chesbro. Real property: parks and open space
 : Sonoma County Agricultural Preservation and Open Space
District  : irrevocable offers of dedication.
   Existing law authorizes a regional park district, regional park
and open-space district, or regional open-space district to plan,
adopt, lay out, plant, develop, and otherwise improve, extend,
control, operate, and maintain a system of public parks, playgrounds,
golf courses, beaches, trails, natural areas, ecological and
open-space preserves, parkways, scenic drives, boulevards, and other
facilities for public recreation, for the use and enjoyment of the
inhabitants of the district, and to select, designate, and acquire
land, or rights in land, within or without the district, to be used
and appropriated for those purposes.
   This bill would authorize an irrevocable offer of dedication of an
interest in real property for any of those uses and purposes to be
made to  the Sonoma County Agricultural Preservation and Open
Space District   a regional park district, regional
park and open-space district, or regional open-space district  ,
with the consent of the board of directors of the district. The bill
would require the offer of dedication to be executed, acknowledged,
and recorded in the same manner as a conveyance of real property, and
would provide that, when recorded in the office of the county
recorder, the offer of dedication is irrevocable and may be accepted
at any time by the board of directors of the district. The bill would
 provide a process by which the offer of dedication may be
terminated, and the right to accept the offer abandoned, by 
 a   uthorize  the board of the directors of the
district  to terminate the offer of dedication and  
abandon the right to accept the offer, if 2 specified findings are
made  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 5565.5 is added to the Public Resources Code,
to read:
   5565.5.  (a) With the consent of the  Board of Directors
of the Sonoma County Agricultural Preservation and Open Space
District   board of directors of a regional park
district, regional park and open-space district, or regional
open-space district, formed pursuant to this article  , an
irrevocable offer of dedication of an interest in real property for
any of the uses or purposes authorized by this article may be made to
the district pursuant to this section. The offer of dedication shall
be executed, acknowledged, and recorded in the same manner as a
conveyance of real property. The offer of dedication, when recorded
in the office of the county recorder, shall be irrevocable and may be
accepted at any time by the board of directors of the district.
   (b)  The   An  offer of dedication may
be terminated, and the right to accept the offer abandoned, by  a
majority vote of  the board of directors of the district
 in the same manner as is prescribed for the summary vacation
of streets or highways by Part 3 (commencing with Section 8300) of
Division 9 of the Streets and Highways Code.   and only
if the board of directors makes both of the following findings: 

   (1) The offer of dedication was never accepted and, therefore,
termination or abandonment of the offer does not constitute a
conveyance of an interest in real property dedicated for park or
open-space purposes.  
   (2) The interest in real property that would be conveyed by the
offer of dedication cannot be utilized effectively now or in the
future for park or open-space uses. 
   (c) The procedure prescribed by this section is alternative to any
other procedure authorized by law. 
  SEC. 2.   The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique need of the Sonoma
County Agricultural Preservation and Open Space District to provide a
means by which potential sellers of real property interests may
provide an irrevocable offer of dedication to the district for those
real property interests.