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applicable to sales or leases with options to purchase, although that does not appear to be
mandatory.

D. Notices of Availability under Surplus Land Act (Gov. Code, § 54220, et seq.)
If the property is declared to be “exempt surplus land,” as will commonly be the case, then
the district is exempt from most SLA noticing requirements. (Gov. Code, § 54222.3.)
Education Code notices are still required for sale or lease with option to purchase, as
discussed above.

Additionally, even when the property is declared as “exempt surplus land,” notices of
availability for open-space purposes pursuant to the SLA must be sent to designated types of
recreation and open-space entities when the property is located in one of the following
areas:

o Within a coastal zone.

o Adjacent to a historical unit of the State Parks System.

o Listed on, or determined by the State Office of Historic Preservation to be eligible for, the
National Register of Historic Places.

o Within the Lake Tahoe region as defined in section 66905.5.
(Gov. Code, §§ 54221(f)(2) & 54222(b).)

If the property is declared to be “surplus land” that is not exempt, then the following SLA
notices must be sent pursuant to Government Code section 54222:

o Notices of availability for developing low and moderate income housing must be sent to:
 Any local public entity, including county, city, city and county, tribal governing body,
redevelopment agency, housing authority, state agency, public district, or other
political subdivision of the state or instrumentality thereof, that has jurisdiction
where the property is located and is authorized to develop or operate housing for low
or moderate income individuals.
 Certain housing sponsors who have provided notice to HCD of their interest in surplus
land.

o Notices of availability for open-space purposes must be sent to certain parks and
recreation entities. (Gov. Code, 54222(b).)

o Notices of availability for land suitable for school facilities construction or use by a school
district for open-space purposes must be sent to any school district that has jurisdiction
where the surplus land is located.

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