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HomeEducation CodeCh. 8Art. 1§ 16711 State School Property Ownership

§ 16711 State School Property Ownership

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 16711 State School Property Ownership

Key Takeaways

  • •Schools use state money to buy land, buildings, or equipment, so those things belong to the state, not just the school.
  • •The state keeps track of what it owns by filing a paper with the county, so everyone knows the state has a claim on that property.
  • •If the school wants to sell or get rid of something the state helped pay for, they need the state’s permission first.
  • •Once the school pays back all the money it owes the state, the state’s claim on the property goes away.

Example

A school uses state money to buy a new playground.

The playground belongs to the state, not just the school. If the school wants to sell the playground later, they have to ask the state first. If the school pays back all the money, the state no longer owns the playground.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 16711 State School Property Ownership

(a) In making applications for, and in expending apportionments of funds under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. (b) The Director of General Services shall file with the county recorder of the county in which any site purchased or improved through the expenditure of funds apportioned under this chapter is located a certificate, properly acknowledged, indicating the state’s interest in real property of the district by virtue of this section, without the necessity of particularizing the real property. The recorder shall record and index the certificate in the same manner as abstracts of judgments and the certificate shall constitute constructive notice of the state’s interest in the particular real property affected. The certificate shall as to any party thereafter acquiring real property or any interest therein in the county from the school district have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution. That effect shall commence upon recordation and continue until the certificate is discharged or released as provided herein. (c) Upon request, the Director of General Services shall issue either of the following: (1) A release of the state’s interest in any real property or a portion thereof that the district has been authorized by the board to dispose of under this chapter, provided that delivery of the release may be subject to any conditions that may be prescribed by the board to protect the state’s interest. (2) A disclaimer of the state’s interest in any real property or a portion thereof of the district, the disposition of which the board is not required to consent to under this chapter, provided that the delivery of the disclaimer may be subject to any conditions that the board deems appropriate to protect the interests of the state, including conditions relating to the amount of consideration to be received from the disposition if the board asserts an interest in the proceeds of the disposition under other provisions of this chapter. The release or disclaimer shall conclusively protect any third party relying upon the same and shall be acknowledged to permit recordation by the county recorder. (d) Upon payment by the district of all amounts required to be paid by it or on its behalf to the state under this chapter both of the following shall occur: (1) The Director of General Services shall file with the recorder a release of any certificate. The release shall be recorded and indexed in the same index as the certificate. (2) The title to personal property purchased by such school district with funds apportioned under this chapter shall revert thereto without further action by the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)

Last verified: January 23, 2026

Key Terms

school districtagent of the statestate’s interestDirector of General Services

Related Statutes

  • § 17030 State Ownership Of School Property
  • § 16703 Director'S Administrative Duties
  • § 16712 School District Competitive Bidding
  • § 16713 School District Apportionment Applications
  • § 16714 School Construction Funding Approval

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 16711.
View Official Source