Page 7 - Lozano Smith Surplus Property Checklist 2023

All or a portion of the property is used for school playground, playing field, or other
outdoor recreational purposes and open-space land particularly suited for recreational
purposes.

The land has been used for such purposes for at least eight years immediately preceding
the Board’s decision to sell or lease the property.

No other available publicly owned land in the vicinity is adequate to meet the existing
and foreseeable needs of the community for playground, playing field, or other outdoor
recreational and open-space purposes, as determined by the governing body of the
agency which proposes to purchase or lease land from the District.

The District may exempt two surplus properties from the Naylor Act for each planned school
site acquisition if the District has an immediate need for an additional school site and is
actively seeking to acquire an additional site, and may exempt one surplus property from the
Naylor Act if the District is seeking immediate expansion of the classroom capacity of an
existing school by 50% or more. (Ed. Code § 17497.)

No more than 30% of the total surplus school acreage (inclusive of both developed and
undeveloped property) owned by a school district may be purchased or leased by public
agencies through the Naylor Act. (Ed. Code § 17499(a).)

If the Naylor Act applies and the property is not exempted, the District must make a written
offer to sell or lease the property to the applicable entities listed below for use as an outdoor
recreational space. These offers may be made simultaneously. (Ed. Code §§ 17463.7(e)(2) &
17489.):

First priority to any city within which the land is situated.

Second priority to any park or recreation district within which the land is situated.

Third priority to any regional park authority having jurisdiction within the area in which
the land is situated.

Fourth priority to any county within which the land is situated.

If any of the above entities wishes to purchase or lease the property, the entity must notify
the District in writing within 60 days after receiving written notification from the District of its
offer to sell or lease the property. (Ed. Code § 17489.)

In the event the Naylor Act applies, the District may seek a waiver of Naylor Act requirements
from the California Department of Education. (Ed. Code § 33050.) To request a waiver, the
District must do the following:

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LozanoSmith.com Checklist for Sale or Lease of School District Surplus Property 6