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HomeEducation CodeCh. 4Art. 5§ 17494 Public Agency Recreational Land Use

§ 17494 Public Agency Recreational Land Use

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

§ 17494 Public Agency Recreational Land Use

Key Takeaways

  • •If the government buys or rents land for parks or playgrounds, they must keep using it for that purpose.
  • •If the government wants to stop using the land for parks or playgrounds, they need a big vote (two-thirds) at a public meeting to decide.
  • •The school district can buy the land back if they want, and they have 60 days to decide after being offered.
  • •If the school district buys the land back and plans to sell it within a year, they can borrow money using the land as security.

Example

A city buys an empty lot to turn it into a playground for kids. Years later, the city thinks they don’t need the playground anymore because not many kids use it.

The city can’t just sell the land or use it for something else. They have to hold a public meeting and get a two-thirds vote to decide. If they decide to stop using it as a playground, they must offer it back to the school district first. The school district then has 60 days to say if they want to buy it back.

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

Official Source
View on CA.gov

§ 17494 Public Agency Recreational Land Use

Any land purchased or leased by a public agency pursuant to this article shall thereafter be maintained by such agency for playground, playing field, or other outdoor recreational and open-space uses. Land which prior to its sale or lease was used for playground or playing field purposes, shall continue to be maintained for such use by the acquiring agency, unless the governing body of that agency, by a two-thirds vote at a public hearing, determines that there is no longer a significant need for the land to be so used, in which case the land may thereafter be used for other outdoor recreational or open-space purposes. The school district may, at any time, reacquire the land at a price calculated in the manner prescribed in Section 17491, and the rights of reacquisition provided in this section shall be set forth in the deed or other instrument of transfer. If the governing board of the public agency determines that the land is no longer needed for playground, playing field, or other outdoor recreational and open-space purposes, the public agency shall offer the property to the school district for reacquisition under this section, and the school district shall notify the public agency within 60 days of its intent to reacquire the land. If the school district intends to sell the property within one year of the reacquisition date, the school district may finance the reacquisition of the land by lien against the proceeds to be obtained from the sale of the land by the school district. If the school district fails to give the public agency timely notice of its intent to reacquire the property, or if it fails to exercise its right of reacquisition, the public agency may use or dispose of the property. For purposes of this section, “cost of acquisition,” as used in Section 17491, shall refer to the cost at which the land was acquired by the public agency. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Last verified: January 23, 2026

Key Terms

playgroundplaying fieldoutdoor recreational and open-space usestwo-thirds votepublic hearingreacquireSection 17491

Related Statutes

  • § 17486 Playground Land Disposal
  • § 17492 Public Agency Land Purchase Findings
  • § 17559 Public Property Conveyance Process
  • § 35782 Public Hearing For Lapsed Districts
  • § 17466 Public Property Sale Approval

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 17494.
View Official Source