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Because these are new and evolving requirements, the district may wish to consult with its
legal counsel.
Typically, the Board makes the above declaration in a resolution, which action would be
preliminary to the later resolution of intent to lease or sell the property and can be used to
trigger the offer of the property to other public agencies. To do so, the Board would adopt a
resolution taking each of the following actions:
o Consider the 7-11 Committee’s recommendations. (Ed. Code, § 17388.)
o Describe the property to be declared surplus.
o Declare the property as exempt surplus land.
o Authorize offers to other public agencies.
V. Required Offers
A. Offers Required by the Naylor Act (Ed. Code, §§ 17485 et seq.)
Determine whether the Naylor Act applies. The Naylor Act applies when all of the following
conditions are present (Ed. Code, § 17486):
o 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.
o 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.
o 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).)
LozanoSmith.com Checklist for Sale or Lease of School District Surplus Property 7
