Page 9 - Lozano Smith Property Checklist
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If the District does not agree to price and terms of sale during the 90-day period described
                   above, the District may proceed to dispose of property in any manner authorized by law.
                   However, if negotiations are unsuccessful and the District ultimately disposes of the land to
                   an entity that uses the property for development of 10 or more residential units, additional
                   requirements related to provision of affordable housing units will apply.  (Gov. Code,
                   § 54233.)

                   The property must also be offered at fair market value to the following additional entities
                   (Ed. Code § 17464(c)):

                      In writing to the Director of General Services, Regents of the University of California, the
                       Trustees of the California State University, the county and city in which the property is
                       situated, and any public housing authority in the county in which the property is situated,
                       and to any entity referenced in the paragraph immediately below (regarding Ed. Code
                       § 17464(c)(2)) that has submitted a written request to the District to be directly notified
                       of the offer for sale or lease with an option to purchase the real property by the District.
                       (Ed. Code § 17464(c)(1).)  This notice must be mailed no later than the date of the second
                       publication described in the paragraph immediately below.

                      By public notice, published once per week for three successive weeks (with at least five
                       days between each publication, not counting the actual publication dates) in a
                       newspaper of general circulation within the district, specifying that the property is being
                       made available to any public district, public authority, public agency, and other political
                       subdivision or public corporation in the state or of the federal government, and to other
                       nonprofit charitable or nonprofit public benefit corporations.  (Ed. Code § 17464(c)(2).)

                          If any of the above entities is interested in purchasing the property, it must so notify
                          the District within 60 days of the third publication of the District’s notice of intent to
                          sell or lease.  If the parties do not agree upon a mutually satisfactory price within this
                          60 day period, the property may be sold or leased by competitive bidding.

                      Until July 1, 2024, a school district expressly may make all written solicitations set forth in
                       the Education and Government Codes simultaneously.  (Ed. Code § 17463.7 (e)(2).)

               C.  Offers to Lease with No Option to Purchase
                   The District may choose to notify all of the same government agencies and other entities
                   identified above, although doing so does not appear to be required expressly by the
                   Education Code.  If the District elects not to do so, it can proceed to Step VI, below, “Board
                   Action Declaring Intention to Sell or Lease the Property”.

                   Note:  There is no express statutory guidance or case law clarifying whether additional
                   notices are required.  A more conservative approach would be to follow the same process as
                   applicable to sales or leases with options to purchase, although that does not appear to be

                                  Checklist for Sale or Lease of School District Surplus Property   8
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