Section 1840 - Advance Purchase of Sites and Preparation of Plans(a) Except as otherwise provided by the Act or these regulations, the provisions of these regulations shall apply to applications for sites and/or plans and specifications made pursuant to Section 16039 of the Act.(b) The Executive Officer shall not certify any payment pursuant to an apportionment made under this Section 16039 of the Act and this regulation other than for preliminary or incidental costs of site acquisition, unless the Director of General Services has first approved the purchase price of the property to be acquired and the conditions of the purchase agreement.(c) Whenever an apportionment is made for the purchase of a site, the district shall, as soon as possible thereafter, undertake to acquire the same by negotiation or otherwise, if it has not already done so. If, during the 30 day period commencing with the date such apportionment becomes final, the district is unable to reach an agreement for the purchase of said site, or any required portion thereof or interest therein (each of which is hereafter referred to as "property") which would be binding except for the approval of the Director of General Services, the district shall forthwith request its legal counsel to commence condemnation proceedings for the acquisition of such property prior to the end of the 30 day period, if it has not already done so. Where the district feels it to be a hardship to complete negotiations within the aforesaid 30 day period, it may apply to the Director in writing, prior to the end of such period, for an extension thereof, which extension or any portion thereof the Director shall grant or refuse in writing. Whenever this procedure has not been complied with, the Director may refuse to approve the purchase price of property reached by negotiation, even though manifested by a stipulated judgment, or he may, so far as is permitted by Chapter 8, Part 10, Division 1 of the Education Code and to the extent that he deems the failure to comply with this section has increased the cost to the State, require the district to contribute toward the cost of the property funds which would not be otherwise contributable toward any project. The provisions of this section shall be deemed to be a part of every site apportionment.
(d) In the event a school site consists of more than one parcel of property, the Director of General Services may use a condemnation award for a single parcel of the site as the basis of recommending an apportionment in excess of the higher appraisal for the remaining parcels if he finds that it is warranted; and(1) Time is the essence in the acquisition of school sites and that any delays in the acquisition of approved school sites may result in increased cost of acquisition.(2) Apportionments for the increased cost of site acquisition will be conditioned upon the school district making special repayments for the excess apportionments as permitted by Education Code 16035 in the following instances: (A) Where a school district has failed to file condemnation within 30 days of the apportionment becoming final.(B) Where a school district has failed to acquire the site within one year of the date of filing condemnation.(3) If for good cause, the applicant is unable to comply with the limitations set forth in recommendation 2B, it may request consideration by the Board of a time extension.Cal. Code Regs. Tit. 2, § 1840
1. New subsections (c) and (d) filed 9-18-74; effective thirtieth day thereafter (Register 74, No. 38).
2. Amendment of section and new NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). Note: Authority cited: Section 16009, Education Code. Reference: Sections 16035 and 16039, Education Code.
1. New subsections (c) and (d) filed 9-18-74; effective thirtieth day thereafter (Register 74, No. 38).
2. Amendment of section and new NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).