BILL NUMBER: AB 1195	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  MARCH 25, 2004
	PASSED THE SENATE  MARCH 15, 2004
	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 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, Cohn.  Midpeninsula Regional  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 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.


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


  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 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 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 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 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 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.