Page 4 - Lozano Smith Property Checklist
P. 4

>  All property sales (Govt. Code § 65402(c)):  The District must notify the local city or county
                   planning agency, if such city or county has adopted a general plan which affects or includes
                   the area where the property is located.

               >  Competitive bidding (Ed. Code §§ 17466, et seq.):  The District may ultimately sell or lease
                   the property to the highest responsible bidder.  Bids may not be opened until at least three
                   weeks after the Board adopts its resolution of intent to sell or lease the property.  Districts
                   may seek waivers of the competitive bidding process from the State Board of Education; in
                   recent years, waivers from the bidding process have been granted, but districts have still
                   been required to provide mandatory notices and engage in certain public procedures.

               >  The Education Code also contains a provision indicating that failure to comply with the
                   Education Code’s surplus property provisions or the Naylor Act will not invalidate a
                   conveyance of property that has already occurred.  (Ed. Code §§ 17483 & 17496.)

               Detailed Checklist

               I. Determination of Surplus Status
                   Prior to taking any action to dispose of real property, the District must declare the property
                   as “surplus land” or “exempt surplus land” pursuant to Government Code section
                   54221(b)(1).  This requirement is further discussed below under section III.

                   The School Board must appoint a committee of between seven and eleven members (“7-11
                   Committee”, or “Advisory Committee”), who are representative of each of the following (Ed.
                   Code § 17388-17389):

                      The ethnic, age group, and socioeconomic composition of the District.

                      The business community, such as store owners, managers, or supervisors.

                      Landowners or renters, with preference to be given to representatives of neighborhood



                      Parents of Students.

                      Persons with expertise in environmental impact, legal contracts, building codes, and land
                       use planning, including, but not limited to, knowledge of the zoning and other land use
                       restrictions of the cities and counties in which surplus space and real property is located.

                                 Checklist for Sale or Lease of School District Surplus Property   2
   1   2   3   4   5   6   7   8   9