§ 27281 Public Property Acceptance Requirements

Key Takeaways

•If you give land or rights to use land to the government, they must sign a paper saying they accept it before it can be officially recorded.
•The government can give permission to certain people to sign these papers for them.
•This rule doesn’t apply to some special cases, like when the government is just holding the land as security for a loan or when someone leaves land to the government in a special kind of will that only takes effect after they die.

Example

You want to give a piece of your land to the city so they can build a park.

The city must sign a paper saying they accept your land before the deal can be officially recorded. If they don’t sign, the deal isn’t complete, and the land stays yours.

(a) Deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its certificate or resolution of acceptance attached to or printed on the deed or grant. If a certificate of acceptance is used, it shall be in substantially the following form: This is to certify that the interest in real property conveyed by the deed or grant dated _________ from _________ to _________ , a political corporation and/or governmental agency is hereby accepted by order of the _____ (legislative body) _____ on _____ (date) _____ , (or by the undersigned officer or agent on behalf of the _____ (legislative body) _____ pursuant to authority conferred by resolution of the _____ (legislative body) _____ adopted on _____ (date) _____ ,) and the grantee consents to recordation thereof by its duly authorized officer. Dated ____________________By (b) A political corporation or governmental agency, by a general resolution, may authorize one or more officers or agents to accept and consent to a deed or grant described in subdivision (a). (c) In cases where the county tax collector files purchaser’s deeds with respect to a sale for defaulted taxes, the information contained in those documents shall be deemed to constitute compliance with this section. (d) The requirements of this section shall not apply to a deed of trust or other security or regulatory document recorded by or on behalf of a state agency pursuant to a program or activity of the agency authorized by statute or regulation. (e) Subdivision (a) does not apply to a revocable transfer on death deed. (f) A revocable transfer on death deed that names a political corporation or governmental agency as a beneficiary does not transfer title to that political corporation or governmental agency unless and until the political corporation or governmental agency records a resolution of acceptance or a certificate of consent in a form substantially similar to the form prescribed in subdivision (a). (Amended by Stats. 2021, Ch. 215, Sec. 1. (SB 315) Effective January 1, 2022.)

Key Takeaways

•If you give land or rights to use land to the government, they must sign a paper saying they accept it before it can be officially recorded.
•The government can give permission to certain people to sign these papers for them.
•This rule doesn’t apply to some special cases, like when the government is just holding the land as security for a loan or when someone leaves land to the government in a special kind of will that only takes effect after they die.

Example

You want to give a piece of your land to the city so they can build a park.

The city must sign a paper saying they accept your land before the deal can be officially recorded. If they don’t sign, the deal isn’t complete, and the land stays yours.

Key Takeaways

Example

Key Terms

References

§ 27281 Public Property Acceptance Requirements

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References