QUICK SUMMARY: The Naylor Act (California Education Code 17485-17500 ) requires school districts, who propose to sell/lease land used for outdoor recreation to offer to sell/lease a portion of the land at a discount to either a city or county, whichever has jurisdiction. An agency having jurisdiction, could acquire up to 30% of the surplus property for 25% of the fair market value.
The provided text outlines the California Education Code Sections 17485-17500, which pertain to the sale or lease of surplus school property for recreational purposes. Here’s a summary:
Purpose: The Legislature is concerned about potential loss of school playgrounds, playing fields, and recreational real property for surrounding communities. The intent is to allow school districts to recover their investment in surplus property while enabling other government agencies to acquire the property for recreational and open-space purposes.
Conditions for Application: The article applies to school sites owned by a school district that are considered for sale or lease. Specific conditions include:
- The site contains land used for school playgrounds, playing fields, or outdoor recreational purposes.
- The land has been used for these purposes for at least eight years.
- No other publicly owned land in the vicinity is adequate for community recreational needs.
Offering to Public Agencies: Before selling or leasing, the school district must offer the land to certain public agencies in a specified order of priority (city, park or recreation district, regional park authority, county). The offer can be for sale or lease.
Pricing: The price of the land for sale is capped to the school district’s cost of acquisition adjusted for the cost of living increase, plus the cost of any improvements made by the school district. The price cannot be less than 25% of the fair market value or less than what’s needed to retire certain debts.
Reacquisition and Use: The acquiring public agency must maintain the land for recreational purposes. If the land was used for playgrounds or playing fields before the sale, it must continue to be maintained for such use unless determined otherwise by a two-thirds vote. The school district has the right to reacquire the land at a calculated price. If the land is no longer needed for recreational purposes, the school district has the option to reacquire it.
Regulations and Exemptions: The sale or lease is subject to certain regulations, and failure to comply doesn’t invalidate the transfer. The governing board may designate certain surplus school sites as exempt from these regulations under specific conditions.
Limitations: No more than 30% of total surplus school acreage may be purchased or leased by public agencies. This right is limited within their jurisdictional boundaries and is related to the overall surplus school acreage owned by the school district. The article doesn’t apply to school districts with more than 400,000 pupils in average daily attendance.