BILL NUMBER: AB 1195	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 12, 2004
	AMENDED IN SENATE  FEBRUARY 3, 2004

INTRODUCED BY   Assembly Members Cohn and Mullin

                        FEBRUARY 21, 2003

    An act to add Section 5563.6 to   An act to
amend Section 5563.5 of, and to add Section 5540.1 to,  the
Public Resources Code, relating to park and open-space districts, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1195, as amended, Cohn.  Midpeninsula Regional 
Open-Space   Open Space District:  annexation
project:  eminent domain.
   (1) Existing law establishes procedures for the formation of park
and open-space districts, and prescribes the powers, functions and
duties of those districts.  Existing law authorizes a district to
take by grant, appropriation, purchase, gift, devise, condemnation,
or lease, and to hold, use, enjoy, and lease or dispose of real
personal property of every kind, and rights in real and personal
property within or without the district, to the full extent of its
powers.
   This bill would, notwithstanding those provisions, prohibit the
Midpeninsula Regional  Open-Space   Open Space
 District from exercising the power of eminent domain to acquire
any real property or interest in real property in the San Mateo
County Coastal Annexation Area, as defined in a specified resolution
adopted by the Board of Directors of the district.  The bill would
make legislative findings and declarations with respect to the need
for special legislation in the district.
   (2) The bill would declare that it is to take effect immediately,
as an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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

  
  SECTION 1.  Section 5563.6 is added to the Public Resources Code,
to read:
   5563.6.   
  SECTION 1.  Section 5563.5 of the Public Resources Code is amended
to read: 
   5563.5.  Notwithstanding Sections 5540 and 5563, the Board of
Directors of the Midpeninsula Regional  Open-Space 
 Open Space  District may, and the Board of Directors of the
East Bay Regional Park District with respect to the Alameda Creek
Quarries located within the County of Alameda may, without obtaining
the consent of the voters, lease real property for a term not
exceeding 50 years.  A lease entered into pursuant to this section
shall be authorized by a resolution adopted by the affirmative votes
of at least two-thirds of the members of the board, upon making an
express finding that the purpose of the lease is for park or
open-space purposes, or for an historic preservation, recreation, or
agricultural purpose which is compatible with public use and
enjoyment of the real property.   
  SEC. 2.  Section 5540.1 is added to the Public Resources Code, to
read:
   5540.1.   Notwithstanding Section 5540, the Midpeninsula
Regional  Open-Space   Open Space  District
shall not exercise the power of eminent domain to acquire any real
property or any interest in real property in the San Mateo County
Coastal Annexation Area, as defined in the Resolution of Application
for Annexation Proceedings No. 03-20, which was adopted by the Board
of Directors of the Midpeninsula Regional  Open-Space
  Open Space  District on June 6, 2003.
  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 circumstances applicable only to this proposed
project of the Midpeninsula Regional  Open-Space 
 Open Space District.  The District has adopted an ordinance
and policy prohibiting the use of the power of eminent domain in an
area of San Mateo County currently proposed to be annexed to the
District.  This policy was adopted due to the special and unique
circumstances of the particular annexation project and the particular
nature of the territory proposed for annexation, and in response to
input from a Citizens' Advisory Committee formed to recommend
policies particular to this proposed project.  The Legislature
further finds and declares that the need to limit a district's
condemnation power is not common to all districts formed under laws
governing the formation, powers, and duties of park and open-space
districts and, therefore, warrants special legislation.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order that the Midpeninsula Regional  Open-Space
  Open Space  District's policies regarding eminent
domain for the district's annexation project be incorporated in that
project at the earliest possible time, it is necessary that this act
take effect immediately.