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Court eases regional park district property disposal.

Publication: California Planning & Development Report
Publication Date: 01-JUN-09
Format: Online
Delivery: Immediate Online Access
Full Article Title: Court eases regional park district property disposal.(california supremes)

Article Excerpt
The California Supreme Court has reversed an appellate court ruling that regional park and open-space districts said would have greatly diminished their ability to acquire and manage land.

In its ruling, the state's top court said that a regional park and open-space district can dispose of property if it has not officially declared - such as by adopting a resolution - that the property is "dedicated" for use as a park and open space. The Fourth District Court of Appeal had ruled that property was automatically dedicated for such use upon park and open space district acquisition.

The distinction is crucial because a regional park and open-space district cannot dispose of a dedicated property without the consent of the district's voters or the state Legislature and two-thirds of the district board of directors.

"The ability to delay a board vote to 'actually...

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