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HomeEducation CodeCh. 4Art. 2.5§ 17438 School Facilities Lien Creation

§ 17438 School Facilities Lien Creation

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

§ 17438 School Facilities Lien Creation

Key Takeaways

  • •After a school plan is approved, it gets recorded with the county.
  • •Once recorded, the school can put a lien on the property to pay for the plan.
  • •This lien stays with the property until the school costs are paid.

Example

A new school is being built in a neighborhood, and the city approves the plan.

The city records the plan with the county, and now the homes nearby might have a lien on them to help pay for the new school.

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

Official Source
View on CA.gov

§ 17438 School Facilities Lien Creation

After adoption of the resolution ordering implementation of the school facilities plan, the resolution shall be recorded with the county recorder of the county or counties in which the real property subject to the owner’s development lien is located. Upon recordation of the resolution, an owner’s development lien is hereby created and attaches to the real property described therein for the cost of implementing the school facilities plan. (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 lienschool facilities plan

Related Statutes

  • § 17434 School Facilities Lease Resolution
  • § 17436 School Facilities Plan Approval
  • § 17437 School Development Lien Requirements
  • § 17441 Expanding School Facility Benefit Area
  • § 17442 School Facility Lien Payments

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 17438.
View Official Source