Legal Question in Real Estate Law in California
Can City Convey Land Used for Public Works?
Can a city in CA convey a piece of property via quitclaim deed to an individual, if it used to transfer stormwater through underground pipes? Is there a law/ordinance that would prohibit this?
2 Answers from Attorneys
Re: Can City Convey Land Used for Public Works?
I agree with Mr. Shers. The City could quitclaim the property, although the City would in all likelihood reserve an express or implied easement in its favor for the underground pipes, normally including the right to maintain the pipes.
Re: Can City Convey Land Used for Public Works?
I assume the City is transferring the right to use the surface of the parcel but is keeping some method to get to the underground area if it needs repair. Public entities can sell off public land but are restricted by their own rules as to how such sales can be made [normally must be a open sle that anyone can bid on]. If the City retains the right of access, then it probably will not allow anything to be built there. So I do not see what your concern is?
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