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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 are often made simultaneously.

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

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

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

o 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:

o Enable the employees’ unions to participate in the development of the waiver. (Ed.
Code, § 33050(b).)

o Hold a public hearing on the issue. (Ed. Code, § 33050(a).)

o Submit an application to the State Board of Education.

o The State Board of Education must provide 30 days written notice of the hearing on the
waiver to each public agency to which an offer of sale or lease must be made under the
Naylor Act. (Ed. Code, § 33051.5.)

If the Naylor Act applies, the price of the land shall not exceed the school district’s cost of the
original acquisition, with adjustments made for any percentage increase or decrease in the
CPI from the original date of purchase to the year in which the offer of sale is made, plus the
cost of any improvement to the land made by the school district since the original
acquisition. However, the final sale price shall not be less than 25 percent of the fair market
value of the land or less than the amount necessary to retire the share of local bonded
indebtedness plus the amount of the original cost of the approved state aid applications on
the property. (Ed. Code, § 17491(a).).

If public entities decline a school district’s offer to sell or lease school property under the
Naylor Act, the property may be sold, leased and/or developed to the same extent as is

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