California Government Code § 37353 is a state law that sets limits on how local governments in California can acquire property—including when it comes to golf courses. While broadly authorizing certain types of municipal property acquisition, the statute contains an important restriction on the use of eminent domain in the context of golf courses.
What the Law Says:
Government Code § 37353 allows a city’s legislative body to acquire property for specific public purposes, including:
- Parking motor vehicles,
- Opening and laying out streets, alleys, lanes, or tunnels, and
- Golf courses.
But critical to subdivision (c) is the proviso that, “No existing golf course may be acquired by means of proceedings pursuant to eminent domain.” In other words, although a city can obtain land to build or expand a golf course, it may not use eminent domain to take over a golf course that already exists and continue to use it for golf course purposes.