Res 1986-106 - Laserfiche WebLink

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IaDd ~ansfer CaJsiderat.iaJs '!be City of san Marcos, through its staff and Airport Commission, have ooncurred in the planni..ng concept which incorporates the acquisition of ag>rOXi.mately 37 acres of land cu....--rently controlled by the Gary Job Corps Center. In view of the fact that there is a precedent for the transfer of the land from the Job Corps Center to the City, the proposal is both viable and rational: however, it must also be rt=OOgllized that the transaction has significant complexity, and before the reoommended alternative can be implemented the City should have developed a strategy to have the needed land transferred. Based upon the consultant' s research in this area, there are three principal ways in which the land transfer can be accomplished: l. The Surplus ProPerty Act of 1944 (6l-Statute 678) as amended by Public raw 80-289 (63-Statute 399) as ameroed by Public taw 311 (63-Statute 700) was the principal Act through which many surplus air bases were transferred to other public agencies. At the present time, it is possible to seek land transfer from the Job Corps Center through Public Law 289, however, there are significant constraints attached to a transfer under this act. 'l\1e principal coostraint being that the property must be used for aeronautical purposes. The amendments to the original Act do permit sane latitude with respect to revenue production and land use, which the original Act prohibited. Transfer prq.lerty under this Act before 1947 did not allow any transfers for non- aeronautical purposes. However, through certain provisions of subsequent amendments, land can be transferred to the airport for DCI1-aeronautical purposes providing that any revenues generated be ultimately experxled for airport or aviation development. If the Department of Labor and the Job Corps are willing to permit the land in question to be cxmsidered as surplus to their operation, then the transfer under Public Law 289 might be the best a.wroach- 2. Section 23 of the Airport and Airways Development Act of 1970 (and its subsequent renewal in 1975) authorizes the acquisition of public lands from other agencies through a determination by the sponsor and the Federal Aviation Administration that such land is necessary for aviation purposes. This procedure, however, resembles condemnation in the private sector, and can be challenged by the agency which controls the land. However, the controlling or owning agency must, under the provision of Section 23, show that they do, in fact, need the land, and that it is essential to their operation. 5.22