Our Park is Not Unused Land - Understanding the Surplus Lands Act
We can all agree that Sausalito doesn’t have a surplus of land. The purpose of this post is to explain what the Surplus Land Act is so that voters can better understand what the Housing Element is referring too when it says that MLK park can be “made available pursuant to the Surplus Lands Act.”
California's Surplus Lands Act (SLA) is a state law that requires local public agencies (like cities, counties, and special districts) to prioritize selling or leasing their unused public land for specific public good purposes, with the number one priority being affordable housing.
The Overall Goal of the Surplus Lands Act
The main goal of the SLA (found in Government Code §§ 54220-54234) is to use publicly-owned, unused land to build housing.
Instead of allowing a city or county to simply sell its "surplus" land to the highest bidder for a commercial development, the law mandates a process:
Declaration: The agency must first formally declare the land "surplus" (no longer needed for the agency's use) at a public meeting.
Notice of Availability: The agency must then send out a "Notice of Availability" to affordable housing developers, school districts, and park districts, inviting them to bid.
Good-Faith Negotiation: The agency must negotiate in "good faith" for at least 90 days with any eligible entities that respond.
Prioritization: The agency must give first priority to the entity that proposes the greatest number of affordable housing units at the deepest affordability levels. This effectively promotes the largest, densest types of development.
