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HomeEducation CodeCh. 4Art. 2.5§ 17431 School District Development Liens

§ 17431 School District Development Liens

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

§ 17431 School District Development Liens

Key Takeaways

  • •If a land owner agrees to pay for school improvements, that promise sticks to the land even if the owner sells it.
  • •The new owner must also follow the promise to pay, even if they didn’t make it.
  • •This rule helps schools get money for buildings or repairs, even if the land changes hands.

Example

A developer builds houses and promises to pay for a new school playground. Later, they sell the houses to different families.

The new families must still pay for the playground, even though they didn’t make the original promise. The promise stays with the land.

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

Official Source
View on CA.gov

§ 17431 School District Development Liens

Notwithstanding any other law, an owner’s development lien created pursuant to this article is a covenant for the benefit of the school district or districts expressly described therein which shall, upon recordation with the county recorder of the county in which the real property is located, run with the land described in the document by which the lien is placed of record. The owner’s development lien shall be binding upon successors in interest, during their ownership, of any portion of such land affected thereby and each person having an interest therein derived through any owner of the land owned by the covenantor. The covenant running with the land created by the owner’s development lien as provided in this section constitutes a valid covenant notwithstanding the fact that it is created in connection with only one estate and is imposed upon a single parcel and is intended to be for the benefit of a school district or districts who are not a landowner or owners. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Last verified: January 23, 2026

Key Terms

owner’s development liencovenantschool districtrun with the landsuccessors in interest

Related Statutes

  • § 17436 School Facilities Plan Approval
  • § 17433 School Lease Payment Options
  • § 17434 School Facilities Lease Resolution
  • § 17437 School Development Lien Requirements
  • § 17438 School Facilities Lien Creation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 17431.
View Official Source