Whenever land has been acquired pursuant to former Section 104.1 or pursuant to Article 5 (commencing with Section 1240.410) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, the department may, in its discretion, lease to a local agency for park purposes all or any portion of the remainder outside the boundary of the state highway or public work or improvement, but not beyond the next adjacent dedicated street, when such use will protect such highway, public work, or improvement and its environs, and will preserve its view, appearance, light, air, and usefulness. Such lease shall be made in accordance with procedures, terms, and conditions to be prescribed by the commission. Such terms and conditions shall include all of the following:
(a) Provisions requiring the local agency to develop and maintain such portion of the remainder as a park.
(b) Provisions that whenever such portion of the remainder is needed for state highway purposes, the lease shall terminate.
(c) Provisions that whenever such portion of the remainder ceases to be used for park purposes, the lease shall terminate.
(Amended by Stats. 1975, Ch. 1239.)
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