Statutes, codes, and regulations
California Code Of Regulations
Title 21 - Public WorksDivision 2 - Department of Transportation
Chapter 9.5 - State Route 710 Sales Program
Section 1488 - Priority 8: Auction

Cal. Code Regs. tit. 21 § 1488

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Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 1488 - Priority 8: Auction
(a)Offer at Priority 8. When Priority 8 is specified as the next priority by §§ 1477.1, 1477.2, or 1477.3, as applicable, then all Surplus Properties not already sold shall be next offered to any other buyer pursuant to Streets and Highways Code § 118, with preference given to the highest responsive bidder who will be an owner occupant, pursuant to this section.
(b)Owner Occupant Buyers. A Surplus Property shall be offered to the bidder who:
(1) has not purchased a property pursuant to this chapter;
(2) signs an affidavit attesting to their desire to be an owner occupant of the property;
(3) submits the highest sealed bid; and
(4) exceeds 75% of the Department's appraised value for the property or the Minimum Sales Price, whichever is higher.
(c)Other Buyers. If a Surplus Property is not sold to a person described in (b), then it shall be offered to the bidder who:
(1) submits the highest sealed bid; and
(2) exceeds 75% of the Department's appraised value for the property or the Minimum Sales Price, whichever is higher.
(d)No Warranty. Any Priority 7 sale is "as-is" and without warranty.

Cal. Code Regs. Tit. 21, § 1488

1. New section filed 7-26-2016; operative 7-26-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
2. Repealer and new section filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) and NOTE filed 4-7-2022 as an emergency; operative 4-7-2022 (Register 2022, No. 14). Pursuant to Government Code section 54239.4(f), this is a statutorily deemed emergency and the emergency language remains in effect until 4-7-2024. A Certificate of Compliance must be transmitted to OAL by 4-7-2024 or emergency language will be repealed by operation of law on the following day.
4. Pursuant to Government Code section 54239.5(e)(3), as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance must be transmitted to OAL by 9-30-2024 or language of the emergency order of 12-13-2021 (Register 2021, No. 51) and emergency order of 4-7-2022 (Register 2022, No. 14) will be repealed by operation of law on the following day (Register 2023, No. 27).

Note: Authority cited: Sections 54237, 54237.10 and 54239.4, Government Code. Reference: Sections 54236, 54237 and 54239.4, Government Code; Section 118, Streets and Highways Code; and Article XVI section 6, California Constitution.

1. New section filed 7-26-2016; operative 7/26/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
2. Repealer and new section filed 12-13-2021 as an emergency; operative 12/13/2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) and Note filed 4-7-2022 as an emergency; operative 4/7/2022 (Register 2022, No. 14). Pursuant to Government Code section 54239.4(f), this is a statutorily deemed emergency and the emergency language remains in effect until 4-7-2024. A Certificate of Compliance must be transmitted to OAL by 4-7-2024 or emergency language will be repealed by operation of law on the following day.