8790.40-8790.45
GOVERNMENT CODE
SECTION 8790.40-8790.45
8790.40. (a) The State Public Works Board shall select and acquire, in the name of and on behalf of the state, pursuant to Part 11 (commencing with Section 15850) of Division 3, the fee or any lesser right or interest, including options, in real property recommended by the commission as a site for construction of the Superconducting Super Collider project. The board may commence the acquisition of a right or an interest in property prior to final site designation by the federal Department of Energy. (b) Property acquired pursuant to this section for the proposal to construct the Superconducting Super Collider is acquired for a public purpose for which the state's powers of eminent domain may, when appropriate, be exercised. For purposes of this section, necessity is established if one or both of California's designated sites for the Superconducting Super Collider project are included on the Best Qualified List compiled by the federal Department of Energy. 8790.41. (a) Any land acquired by the State Public Works Board pursuant to Section 8790.40 shall be transferred to the Department of General Services. (b) Notwithstanding Sections 11011 and 11011.1 of this code, Division 13 (commencing with Section 21000) of the Public Resources Code, or any other provision of law, all or any portion of the property transferred pursuant to subdivision (a) may be conveyed by the Department of General Services to the federal government, without cost, for the purposes for which the site was acquired. The Department of General Services may sell, hold, lease, exchange, or otherwise convey for its fair market value, the fee or any lesser right or interest in any property acquired hereunder, including mineral rights, which the State Public Works Board determines not to be necessary for site acquisition purposes. All costs incurred in connection with the sale, lease, exchange, or management of that property may be deducted from any of the proceeds received. 8790.42. Section 10295, Article 4 (commencing with Section 10335) of Chapter 2 of Division 2, and Section 10382 of, the Public Contract Code, do not apply to agreements entered into pursuant to this article. 8790.43. If, for any reason, the Superconducting Super Collider project is canceled, withdrawn, terminated, or the land is otherwise not needed, the Department of General Services shall thereupon offer the property to the grantor of the property acquired pursuant to this article who shall have the right of first refusal to repurchase the property. 8790.44. In determining the price to be paid for agricultural land, the department shall consider the price which the owner originally paid for the land, any special assessments paid by the landowner, mortgage liens against the property due to agricultural activity prior to July 1, 1987, and any other factors the department determines should be considered to ensure that the landowner receives a fair and reasonable price for the land. 8790.45. This article applies only to land acquired for purposes of the Superconducting Super Collider project.