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HomeGovernment CodeDiv. 2Pt. 1Ch. 4Art. 8§ 53862 Local Agency Lien Acquisition

§ 53862 Local Agency Lien Acquisition

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

§ 53862 Local Agency Lien Acquisition

Key Takeaways

  • •If a city or town is building something public (like a road or park) and needs land, they can buy it even if the owner owes money.
  • •The city can only do this if the law says the cost of the project must be paid by the people who own nearby property.
  • •If the property owner doesn’t pay their share, the city can take and sell their property to get the money.
  • •This rule helps the city finish projects even if some people don’t pay.

Example

A city is building a new sidewalk and needs a small piece of land from a homeowner. The homeowner was supposed to help pay for the sidewalk but didn’t.

The city can take that land or sell it to get the money they need to finish the sidewalk, even if the homeowner doesn’t want to sell.

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

Official Source
View on CA.gov

§ 53862 Local Agency Lien Acquisition

To the exclusion of other bidders, a local agency may acquire any accrued lien, or property required to be sold for nonpayment of an assessment or delinquency incurred by the nonpayment of an assessment, if all the following conditions exist: (a) The local agency has instituted a proceeding for the construction or maintenance of a public improvement or for the acquisition of necessary land or property. (b) The cost of the construction, acquisition, or maintenance of such improvement or land or property is required by law to be paid for by an assessment levied upon property benefited by the improvement pursuant to the law under which the improvement is constructed, acquired, or maintained. (c) The law provides for the sale of the property upon which any such assessment is levied for nonpayment. (Added by Stats. 1949, Ch. 81.)

Last verified: January 22, 2026

Key Terms

acquisitionassessmentimprovementclaimlienpropertybenefitnonpayment

Related Statutes

  • § 53934 Assessment Lien Continuity
  • § 53935 Assessment Lien Priority Rules
  • § 53865 Lien Transfer Payment Requirements
  • § 53866 Lien Sale Approval Process
  • § 53867 Property Sale Minimum Value

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 53862.
View Official Source