California Public Resources Code

§ 33202.5

PRC § 33202.5 Effective Jan 1, 2021Div. 23 · Ch. 3

Statute text

(a)For purposes of this section, “encroachment” means any unauthorized or unlawful interference with, or physical intrusion onto, or alteration of, the conservancy’s property, either above ground or below, including, but not limited to, buildings, walls, driveways, patios, swimming pools, gutters, and irrigation lines.

(b)Notwithstanding Section 33203 or any other provision of this division, the conservancy’s acquisition of real property or interest therein initiated after January 1, 2021, to address or resolve an encroachment on real property owned by the conservancy pursuant to this division is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), unless the value of the real property or interest therein exceeds five hundred thousand dollars ($500,000) per lot or parcel, as adjusted for annual changes to the Consumer Price Index for the State of California, as calculated by the United States Bureau of Labor Statistics. However, the conservancy may request the State Public Works Board to review and approve specific acquisitions.

(c)Nothing contained in subdivision (b) shall apply to the exercise of the power of eminent domain pursuant to this division.

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Legislative history

Added by Stats. 2020, Ch. 310, Sec. 1. (SB 1380) Effective January 1, 2021.