Article 2 - Purchase of Land

California Public Resources Code — §§ 4031-4034

Sections (4)

Amended by Stats. 2012, Ch. 306, Sec. 1. (AB 2544) Effective January 1, 2013.

(a)The department may, with the approval of the Department of General Services, enter into agreements, easements, licenses, or permits to acquire real property rights for the purposes of establishing fire protection, fire prevention, fire suppression, demonstration state forests, pest control, forest and range protection, and enhancement activities and related uses in accordance with subdivisions (b) and (c).

(b)All agreements, easements, licenses, or permits entered into pursuant to subdivision (a) shall be for no more than fair market value.

(c)The Department of General Services shall sign all applicable

certificates of acceptance entered into pursuant to subdivision (a) in accordance with Section 27281 of the Government Code.

(d)This section does not allow the department to purchase land for lookout sites or other administrative purposes.

§ 4032

Added by Stats. 2012, Ch. 306, Sec. 2. (AB 2544) Effective January 1, 2013.

(a)The department may lease, for any use, all or any portion of any parcel of real property acquired for forestry and fire protection purposes if the director finds that the use would be compatible with the department’s use.

(b)Rent shall be based on the fair market value of the property when used for the purpose for which it is leased.

(c)The lease term shall not exceed 5 years. All leases entered into pursuant to this section shall be subject to the approval of the Department of General Services.

(d)No lease shall be entered into that extends beyond the 5-year period

unless the Legislature has reviewed and approved the proposed lease as part of the annual budget process, or the Public Works Board has determined that the proposed lease could not have been presented to the Legislature for review and approval in the course of its consideration of the Budget Bill and that it would be adverse to the interests of the public to defer that review and approval to a time when the Legislature next considers a Budget Bill. Upon making that determination, the board may review and approve the proposed lease after giving at least 20 days’ written notice to the Chairperson of the Joint Legislative Budget Committee and to the chairperson of the fiscal and appropriate policy committees of its intended action. All actions taken by the board pursuant to this subdivision shall be reported to the Legislature in the next Governor’s Budget.

§ 4033

Amended by Stats. 2021, Ch. 133, Sec. 49. (SB 272) Effective July 23, 2021.

(a)The department may provide permits for temporary means of ingress to, egress from, and movement across all property under the jurisdiction of the department in order to provide ready access for the purposes of harvesting timber, conducting studies, and passing and placing equipment upon the department’s lands.

(b)The department may grant a permit for a right-of-way across the department’s lands over that route and subject to those conditions and construction and maintenance specifications as the department may determine that will cause minimum alteration to the physical features of the department’s lands and minimum interference with the use of the forests by the public.

(c)The permittee shall, at the permittee’s own expense, construct and maintain the means of ingress and egress, in accordance with the terms and conditions set forth in the permit, noncompliance with which in any part shall be due cause for revocation of that permit.

(d)The department may require a permittee or permittees to allow the use of those temporary means of ingress and egress by any other applicant whose lands are similarly situated.

(e)The department may, at its discretion, charge a reasonable fee for access to its lands.

(f)(1) A permit granted for passage pursuant to this section is temporary and does not imply consent

to a permanent easement, and the permit shall include language stating this.

(2)The permits are and shall be revocable at any time.

§ 4034

Added by Stats. 2012, Ch. 306, Sec. 4. (AB 2544) Effective January 1, 2013.

The department, with the consent of the Department of General Services, may lease any real or personal property that the department deems necessary for temporary use of fire station facilities, modular facilities, storage, warehouse, or office purposes when existing departmental facilities are inadequate. This section does not apply when the Department of General Services leases land for the use of the department under Section 14669 of the Government Code.