California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 4 - Office of Public School Construction › Group 1 - State Allocation Board › Subgroup 5 - RELATING TO THE STATE SCHOOL BUILDING LAW OF 1952 › Article 7 - ADVANCE PURCHASE OF SITES AND PLANS › Section 1840 - Advance Purchase of Sites and Preparation of Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided by the Act
						  or these regulations, the provisions of these regulations shall apply to
						  applications for sites and/or plans and specifications made pursuant to Section
						  16039 of the Act.
(b) The Executive Officer shall not certify
						  any payment pursuant to an apportionment made under this Section
						  16039 of the Act and this
						  regulation other than for preliminary or incidental costs of site acquisition,
						  unless the Director of General Services has first approved the purchase price
						  of the property to be acquired and the conditions of the purchase
						  agreement.
(c) Whenever an
						  apportionment is made for the purchase of a site, the district shall, as soon
						  as possible thereafter, undertake to acquire the same by negotiation or
						  otherwise, if it has not already done so. If, during the 30 day period
						  commencing with the date such apportionment becomes final, the district is
						  unable to reach an agreement for the purchase of said site, or any required
						  portion thereof or interest therein (each of which is hereafter referred to as
						  "property") which would be binding except for the approval of the Director of
						  General Services, the district shall forthwith request its legal counsel to
						  commence condemnation proceedings for the acquisition of such property prior to
						  the end of the 30 day period, if it has not already done so. Where the district
						  feels it to be a hardship to complete negotiations within the aforesaid 30 day
						  period, it may apply to the Director in writing, prior to the end of such
						  period, for an extension thereof, which extension or any portion thereof the
						  Director shall grant or refuse in writing.
Whenever this procedure has not been complied with,
							 the Director may refuse to approve the purchase price of property reached by
							 negotiation, even though manifested by a stipulated judgment, or he may, so far
							 as is permitted by Chapter 8, Part 10, Division 1 of the Education Code and to
							 the extent that he deems the failure to comply with this section has increased
							 the cost to the State, require the district to contribute toward the cost of
							 the property funds which would not be otherwise contributable toward any
							 project. The provisions of this section shall be deemed to be a part of every
							 site apportionment.
(d) In
						  the event a school site consists of more than one parcel of property, the
						  Director of General Services may use a condemnation award for a single parcel
						  of the site as the basis of recommending an apportionment in excess of the
						  higher appraisal for the remaining parcels if he finds that it is warranted;
						  and
(1) Time is the essence in the acquisition
						  of school sites and that any delays in the acquisition of approved school sites
						  may result in increased cost of acquisition.
(2) Apportionments for the increased cost of
						  site acquisition will be conditioned upon the school district making special
						  repayments for the excess apportionments as permitted by Education Code 16035
						  in the following instances:
(A) Where a
						  school district has failed to file condemnation within 30 days of the
						  apportionment becoming final.
(B)
						  Where a school district has failed to acquire the site within one year of the
						  date of filing condemnation.
(3) If for good cause, the applicant is
						  unable to comply with the limitations set forth in recommendation 2B, it may
						  request consideration by the Board of a time extension.