reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51051.

51051. As used in this chapter, the following terms have the following meanings:
(a) “Grant of an open-space easement” means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission.
Any such reservation shall be consistent with the purposes of this chapter or with the findings of the county or city pursuant to Section 51056 and shall not permit any action that will materially impair the open-space character of the land.
(b) “Owner” means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof.
(Amended by Stats. 2012, Ch. 875, Sec. 1. (SB 1501) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51053.

51053. The execution and acceptance of an instrument described in subdivision (a) of Section 51051 shall constitute a dedication to the public of the open-space character of the lands for the term specified. Any such easement and covenant shall run for a term of not less than 20 years.
(Amended by Stats. 2012, Ch. 875, Sec. 3. (SB 1501) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51054.

51054. An instrument described in subdivision (a) of Section 51051 may contain, and the city or county in appropriate cases may require that it contain, a covenant against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land or a covenant against the cutting of timber, trees and other natural growth, except as may be required for fire prevention, thinning, elimination of diseased growth and similar protective measures, or for the harvest of trees in a manner compatible with scenic purposes.
(Amended by Stats. 2012, Ch. 875, Sec. 4. (SB 1501) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51055.

51055. An instrument described in subdivision (a) of Section 51051 shall not be effective until it has been accepted by resolution of the governing body of the city or county and its acceptance endorsed thereon.
(Amended by Stats. 2012, Ch. 875, Sec. 5. (SB 1501) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51056.

51056. No grant of an open-space easement shall be accepted by a city or county, unless the governing body, by resolution, finds:
(a) That the preservation of the land as open space is consistent with the general plan of the city and county; and
(b) That the preservation of the land as open space is in the best interest of the state, county, or city and is important to the public for the enjoyment of scenic beauty, for the use of natural resources, for recreation, or for the production of food or fiber and specifically because one or more of the following reasons exist:
(1) It is likely that at some time the public may acquire the land for a park or other public use.
(2) The land is unimproved and has scenic value to the public as viewed from a public highway or from public or private buildings.
(3) The retention of the land as open space will add to the amenities of living in adjoining or neighboring urbanized areas.
(4) The land lies in an area which in the public interest should remain rural in character and the retention of the land as open space will help preserve the rural character of the area.
(5) It is in the public interest that the land remain in its natural state, including the trees and other natural growth, as a means of preventing floods or because of its value as watershed.
(6) The land lies within an established scenic highway corridor.
(7) The land is valuable to the public as a wildlife preserve or sanctuary and the instrument contains appropriate covenants to that end.
(8) The public interest will otherwise be served in a manner recited in the resolution and consistent with the purposes of this subdivision and Article XXVIII of the Constitution of the State of California.
The resolution of the governing body shall establish a conclusive presumption that the conditions set forth in subdivisions (a) and (b) have been satisfied.
(Added by Stats. 1969, Ch. 762.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51057.

51057. The governing body of the city or county shall not accept any grant of an open-space easement until the matter has first been referred to the city or county planning department or planning commission and a report thereon has been received from the planning department or planning commission. Within 30 days after receiving the proposal to accept a grant of an open-space easement, the planning department or planning commission shall submit its report to the governing body. The governing body may extend the time for submitting such a report for an additional period not exceeding 30 days. The report shall contain a statement that the proposal is, or is not, consistent with the general plan of the jurisdiction.
(Added by Stats. 1969, Ch. 762.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51058.

51058. From and after the time when an open-space easement has been accepted by the city or county and its acceptance endorsed thereon, no building permit may be issued for any structure which would violate the easement and the city or county shall seek by appropriate proceedings an injunction against any threatened construction or other development or activity on the land which would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
In the event the county or city fails to seek an injunction against any threatened construction or other development or activity on the land which would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, the owner of any property within the county or city, or any resident thereof, may, by appropriate proceedings, seek such an injunction.
Nothing in this chapter shall limit the power of the state, or any department or agency thereof, or any county, city, school district, or any other local public district, agency or entity, or any other person authorized by law, to acquire land subject to an open-space easement by eminent domain.
(Added by Stats. 1969, Ch. 762.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51059.

51059. Upon the acceptance of any instrument creating an open-space easement the clerk of the governing body shall record the same in the office of the county recorder and file a copy thereof with the county assessor. The recording shall be consistent with Section 27255. From and after the time of the recordation, the contract shall impart the notice thereof to all persons as is afforded by the recording laws of this state.
(Amended by Stats. 2012, Ch. 875, Sec. 6. (SB 1501) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51060.

51060. From time to time, the governing body of any city or county may accept an instrument whereby the term of any open-space easement is extended in the same manner as is provided for the acceptance of an instrument originally creating an open-space easement. Upon the acceptance thereof the same shall be recorded in the office of the county recorder and a copy thereof filed with the county assessor.
(Added by Stats. 1969, Ch. 762.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51061.

51061. The governing body of any city or county at any time may, by resolution, abandon an open-space easement, if it finds that no public purpose described in subdivision (b) of Section 51056 will be served any longer by keeping the land as open space. No resolution abandoning an open-space easement shall be finally adopted until the matter has been referred to the city or county planning commission, the commission has held a public hearing thereon and furnished a report on the matter to the governing body and the governing body has held at least one public hearing thereon after giving 30 days notice thereof by publication in accordance with Section 6061, and by posting notice on the land.
Prior to approval of the resolution abandoning an open-space easement, the governing body shall direct the county assessor to assess the land, as if the easement did not exist, and to report such new assessed value to the governing body. As a condition of the abandonment of the easement, the owner shall pay to the county or city an amount equal to 50 percent of the new assessed value of the land; provided, however, that the governing body may waive all or any portion of such payment, if it finds that it is consistent with the public interest to do so, and if the waiver is approved by the Secretary of the Resources Agency. Any such payment not waived shall be considered deferred taxes, and a sum equal to the sum actually collected shall be transmitted by the treasurer of the county or city to the State Controller and be deposited in the State General Fund.
(Amended by Stats. 1971, 1st Ex. Sess., Ch. 1.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51062.

51062. Upon the recording in the office of the county recorder of a certified copy of any resolution abandoning the open-space easement and reciting compliance with the provisions of Section 51061, the land subject thereto shall be deemed relieved of the easement and the covenants of the owner contained therein shall be deemed terminated.
(Added by Stats. 1969, Ch. 762.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51063.

51063. If any land or a portion thereof as to which any city or county has accepted an open-space easement is thereafter sought to be condemned for public use and the city or county received the easement as a gift without the payment of any compensation therefor, the easement shall terminate as of the time of the filing of the complaint in condemnation as to the land or portion thereof sought to be taken for public use, and the owner shall be entitled to such compensation for the taking as he would have been entitled to had the land not been burdened by the easement.
(Added by Stats. 1969, Ch. 762.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51064.

51064. Lands subject to the grant of an open-space easement executed and accepted in accordance with this chapter shall be deemed to be enforceably restricted within the meaning of Section 8 of Article XIII of the Constitution of the State of California.
(Amended by Stats. 1975, Ch. 224.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51065.

51065. Nothing in this chapter shall be deemed to prevent or restrict the right or power of any city or county to acquire by gift, purchase or otherwise scenic easements or other rights in property for the purpose of preserving open space or for any other purpose under any other provisions of law.
(Added by Stats. 1969, Ch. 762.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 1 - Declaration › Section 51070.

51070. It is the intent of the Legislature in enacting this chapter to provide a means whereby any county or city may acquire or approve an open-space easement in perpetuity or for a term of years for the purpose of preserving and maintaining open space.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 1 - Declaration › Section 51071.

51071. The Legislature finds that the rapid growth and spread of urban development is encroaching upon, or eliminating open-space lands which are necessary not only for the maintenance of the economy of the state, but also for the assurance of the continued availability of land for the production of food and fiber, for the enjoyment of scenic beauty, for recreation and for the use and conservation of natural resources.
(Added by Stats. 1974, Ch. 1003.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 1 - Declaration › Section 51072.

51072. The Legislature hereby declares that open-space lands, if preserved and maintained, would constitute important physical, social, economic or aesthetic assets to existing or pending urban development.
(Added by Stats. 1974, Ch. 1003.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 1 - Declaration › Section 51073.

51073. The Legislature further declares that the acquisition of open-space easements is in the public interest and constitutes a public purpose for which public funds may be expended or advanced.
(Added by Stats. 1974, Ch. 1003.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 2 - Definitions › Section 51075.

51075. As used in this chapter, unless otherwise apparent from the context:
(a) “Open-space land” means any parcel or area of land or water which is essentially unimproved and devoted to an open-space use as defined in Section 65560 of the Government Code.
(b) “City” means any city or city and county.
(c) “Landowner” includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the open-space restriction or any extension thereof.
(d) “Open-space easement” means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land. An open-space easement shall contain a covenant with the county, city, or nonprofit organization running with the land, either in perpetuity or for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that such reservation would not be inconsistent with the purposes of this chapter and which would not be incompatible with maintaining and preserving the natural or scenic character of the land. Any such convenant shall not prohibit the construction of either public service facilities installed for the benefit of the land subject to such covenant or public service facilities installed pursuant to an authorization by the governing body of the county or city or the Public Utilities Commission.
(e) “Open-space plan” means the open-space element of a county or city general plan adopted by the local governing body pursuant to Section 65560 of the Government Code.
(f) “Nonprofit organization” means any organization qualifying under Section 501(c)(3) of the Internal Revenue Code in the preceding tax year, and which includes the preservation of open space as a stated purpose in its articles of incorporation. Such qualification shall be demonstrated by a letter of determination from the Internal Revenue Service.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51080.

51080. Any county or city which has an adopted open-space plan may accept or approve a grant of an open-space easement on privately owned lands lying within the county or city in the manner provided in this chapter.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51081.

51081. The execution and acceptance of a deed or other instrument described in subdivision (d) of Section 51075 shall constitute a dedication to the public of the open-space character of the lands for the term specified. Any such easement and covenant shall run for a term of not less than 10 years. An open-space easement for a term of years shall provide that on the anniversary date of the acceptance of the open-space easement or on such other annual date as specified by the deed or other instrument described in subdivision (d) of Section 51075, a year shall be added automatically to the initial term unless a notice of nonrenewal is given as provided in Section 51091.
(Amended by Stats. 1975, Ch. 224.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51082.

51082. A county or city may require a deed or other instrument described in subdivision (d) of Section 51075 to contain any such restrictions, conditions or covenants as are necessary or desirable to maintain the natural or scenic character of the land or to prevent any activity, use or action which could impair the open-space character of the land.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51083.

51083. No deed or other instrument described in subdivision (d) of Section 51075 shall be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51083.5.

51083.5. Notwithstanding any provisions of this chapter, the grant of any easement to a nonprofit organization shall be effective upon its acceptance by such organization. However, for the purposes of this chapter and Sections 421 to 432, inclusive, of the Revenue and Taxation Code, no such easement shall be considered as granted pursuant to this chapter unless the grant of such easement has been approved by the county or city in which the land lies pursuant to the provisions of this article.
(Added by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51084.

51084. A grant of an open-space easement shall not be accepted or approved by a county or city, unless the governing body, by resolution, finds:
(a) That the preservation of the land as open space is consistent with the general plan of the county or city; and
(b) That the preservation of the land as open space is in the best interest of the state, county, city, or city and county and is important to the public for the enjoyment of scenic beauty, for the use of natural resources, for recreation, or for the production of food or fiber specifically because one or more of the following reasons exists:
(1) That the land is essentially unimproved and if retained in its natural state has either scenic value to the public, or is valuable as a watershed or as a wildlife preserve, and the instrument contains appropriate covenants to that end.
(2) It is in the public interest that the land be retained as open space because such land either will add to the amenities of living in neighboring urbanized areas or will help preserve the rural character of the area in which the land is located.
(3) The land lies in an area that in the public interest should remain rural in character and the retention of the land as open space will preserve the rural character of the area.
(4) It is in the public interest that the land remain in its natural state, including the trees and other natural growth, as a means of preventing floods or because of its value as watershed.
(5) The land lies within an established scenic highway corridor.
(6) The land is valuable to the public as a wildlife preserve or sanctuary and the instrument contains appropriate covenants to that end.
(7) The public interest will otherwise be served in a manner recited in the resolution and consistent with the purposes of this subdivision and Section 8 of Article XIII of the Constitution of the State of California.
The resolution of the governing body shall establish a conclusive presumption that the conditions set forth in subdivisions (a) and (b) have been satisfied.
(Amended by Stats. 2012, Ch. 875, Sec. 7. (SB 1501) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51085.

51085. The governing body of the county or city may not accept or approve any grant of an open-space easement until the matter has first been referred to the county or city planning department or planning commission and a report thereon has been received from the planning department or planning commission. Within 30 days after receiving the proposal to accept or approve a grant of an open-space easement, the planning department or planning commission shall submit its report to the governing body. The governing body may extend the time for submitting such a report for an additional period not exceeding 30 days. The report shall specify whether the proposal is consistent with the general plan of the jurisdiction.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51086.

51086. (a) From and after the time when an open-space easement has been accepted or approved by the county or city and its acceptance or approval endorsed thereon, no building permit may be issued for any structure which would violate the easement and the county or city shall seek by appropriate proceedings an injunction against any threatened construction or other development or activity on the land which would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
In the event the county or city fails to seek an injunction against any threatened construction or other development or activity on the land which would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, the owner of any property within the county or city, or any resident thereof, may, by appropriate proceedings, seek such an injunction.
(b) In the case of an open-space easement granted to a nonprofit organization pursuant to this chapter, such organization shall seek, through its official representatives, an injunction against any threatened construction or other development or activity on the land which would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
(c) The court may award to a plaintiff or defendant who prevails in an action authorized by this section his or her costs of litigation, including reasonable attorney’s fees.
(d) Nothing in this chapter shall limit the power of the state, or any department or agency thereof, or any county, city, school district, or any other local public district, agency or entity, or any other person authorized by law, to acquire land subject to an open-space easement by eminent domain.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 3 - General Provisions › Section 51087.

51087. Upon the acceptance or approval of any instrument creating an open-space easement the clerk of the governing body shall record the same in the office of the county recorder and file a copy thereof with the county assessor. The recording shall be consistent with Section 27255. From and after the time of the recordation, the easement shall impart notice thereof to all persons as is afforded by the recording laws of this state.
(Amended by Stats. 2012, Ch. 875, Sec. 8. (SB 1501) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 4 - Termination of an Open-Space Easement › Section 51090.

51090. An open-space easement for a term of years may be terminated only in accordance with the provisions of this article. An open-space easement may be terminated only by:
(a) Nonrenewal, or
(b) Abandonment.
Abandonment of an easement granted to the county or city pursuant to this chapter shall be controlled by Section 51093.
Abandonment or nonrenewal of an easement granted to a nonprofit organization pursuant to this chapter shall be effective only if approved by appropriate resolution of the governing body of such organization and such abandonment or nonrenewal initiated by a nonprofit organization has been approved by the county or city in which the land lies in the manner provided in Section 51093.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 4 - Termination of an Open-Space Easement › Section 51091.

51091. If either the landowner or the county, city, or nonprofit organization desires in any year not to renew the open-space easement, that party shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the open-space easement. Unless such written notice is served at least 90 days in advance of the renewal date, the open-space easement shall be considered renewed as provided in Section 51081.
Upon receipt by the owner of a notice from the county, city, or nonprofit organization of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county, city, or nonprofit organization may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 4 - Termination of an Open-Space Easement › Section 51092.

51092. If the county, city, or nonprofit organization or the landowner serves notice of intent in any year not to renew the open-space easement, the existing open-space easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the open-space easement, as the case may be.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 4 - Termination of an Open-Space Easement › Section 51093.

51093. (a) The landowner may petition the governing body of the county or city for abandonment of any open-space easement or in the case of an open-space easement granted to a nonprofit organization pursuant to this chapter, for approval of abandonment by such organization, as to all of the subject land. The governing body may approve the abandonment of an open-space easement only if, by resolution, it finds:
(1) That no public purpose described in Section 51084 will be served by keeping the land as open space; and
(2) That the abandonment is not inconsistent with the purposes of this chapter; and
(3) That the abandonment is consistent with the local general plan; and
(4) That the abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to him.
No resolution abandoning an open-space easement, or approving the abandonment of an open-space easement granted to a nonprofit organization pursuant to this chapter, shall be finally adopted until the matter has been referred to the county or city planning commission, the commission has held a public hearing thereon and furnished a report on the matter to the governing body stating whether the abandonment is consistent with the local general plan and the governing body has held at least one public hearing thereon after giving 30 days’ notice thereof by publication in accordance with Section 6061 of the Government Code, and by posting notice on the land.
(b) Prior to approval of the resolution abandoning or approving the abandonment of an open-space easement, the county assessor of the county in which the land subject to the open-space easement is located shall determine the full cash value of the land as though it were free of the open-space easement. The assessor shall multiply such value by 25 percent, and shall certify the product to the governing body as the abandonment valuation of the land for the purpose of determining the abandonment fee.
(c) Prior to giving approval to the abandonment of any open-space easement, the governing body shall determine and certify to the county auditor the amount of the abandonment fee which the landowner must pay the county treasurer upon abandonment. That fee shall be an amount equal to 50 percent of the abandonment valuation of the property.
(d) Any sum collected pursuant to this section shall be transmitted by the county treasurer to the State Controller and be deposited in the State General Fund.
(e) An abandonment shall not become effective until the abandonment fee has been paid in full.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 4 - Termination of an Open-Space Easement › Section 51094.

51094. Upon the recording in the office of the county recorder of a certified copy of a resolution abandoning or approving the abandonment of an open-space easement and reciting compliance with the provisions of Section 51093, the land subject thereto shall be deemed relieved of the easement and the covenants of the owner contained therein shall be deemed terminated; provided, however, that no certified copy of any resolution abandoning or approving the abandonment of an open-space easement shall be recorded until the abandonment fee has been paid in full.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 5 - Eminent Domain and Other Provisions › Section 51095.

51095. If any land or a portion thereof as to which any city or county has accepted or approved an open-space easement pursuant to this chapter is thereafter sought to be condemned for public use and the easement was received as a gift without the payment of any compensation therefor, the easement shall terminate as of the time of the filing of the complaint in condemnation as to the land or portion thereof sought to be taken for public use, and the owner shall be entitled to such compensation for the taking as he would have been entitled to had the land not been burdened by the easement.
(Amended by Stats. 1977, Ch. 1178.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 5 - Eminent Domain and Other Provisions › Section 51096.

51096. Lands subject to the grant of an open-space easement executed and accepted in accordance with this chapter shall be deemed to be enforceably restricted within the meaning of Section 8 of Article XIII of the Constitution of the State of California.
(Amended by Stats. 1975, Ch. 224.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.6 - Open-Space Easement Act of 1974 › ARTICLE 5 - Eminent Domain and Other Provisions › Section 51097.

51097. Nothing in this chapter shall be deemed to prevent or restrict the right or power of any county or city to acquire by purchase, gift, grant, bequest, devise, lease or otherwise any right or interest in real property for the purpose of preserving open space or for any other purpose under any other provisions of law.
(Added by Stats. 1974, Ch. 1003.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 1 - General Provisions › Section 51100.

51100. This chapter shall be known and may be cited as the California Timberland Productivity Act of 1982.
(Added by Stats. 1982, Ch. 1489, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 1 - General Provisions › Section 51101.

51101. The Legislature hereby finds and declares all of the following:
(a) The forest resources and timberlands of this state, together with the forest products industry, contribute substantially to the health and stability of the state’s economy and environment by providing high quality timber, employment opportunities, regional economic vitality, resource protection, and aesthetic enjoyment.
(b) The state’s increasing population threatens to erode the timberland base and diminish forest resource productivity through pressures to divert timberland to urban and other uses and through pressures to restrict or prohibit timber operations when viewed as being in conflict with nontimberland uses.
(c) A continued and predictable commitment of timberland, and of investment capital, for the growing and harvesting of timber are necessary to ensure the long-term productivity of the forest resource, the long-term economic viability of the forest products industry, and long-term stability of local resource-based economies.
(Amended by Stats. 1990, Ch. 1600, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 1 - General Provisions › Section 51102.

51102. (a) The Legislature further declares that to fully realize the productive potential of the forest resources and timberlands of the state, and to provide a favorable climate for long-term investment in forest resources, it is the policy of this state to do all of the following:
(1) Maintain the optimum amount of the limited supply of timberland to ensure its current and continued availability for the growing and harvesting of timber and compatible uses.
(2) Discourage premature or unnecessary conversion of timberland to urban and other uses.
(3) Discourage expansion of urban services into timberland.
(4) Encourage investment in timberlands based on reasonable expectation of harvest.
(b) The Legislature further declares that it is the policy of this state that timber operations conducted in a manner consistent with forest practice rules adopted by the State Board of Forestry and Fire Protection shall not be or become restricted or prohibited due to any land use in or around the locality of those operations.
(Amended by Stats. 1998, Ch. 972, Sec. 4. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 1 - General Provisions › Section 51103.

51103. It is the intent of the Legislature to implement the policies of this chapter by including all qualifying timberland in timberland production zones.
(Added by Stats. 1982, Ch. 1489, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51110.2.

51110.2. The county or city planning commission shall hold a public hearing on parcels referred to it for review by the board or council pursuant to subdivision (d) of Section 51110 and subdivision (c) of Section 51110.1 according to Section 65854, and shall render its decision in the form of a written recommendation to the board or council according to Section 65855. The planning commission shall include in its recommendation to the board or council considerations as to the exact zoning boundaries to be drawn within each assessors parcel contained in list A or list B.
(Amended by Stats. 1983, Ch. 142, Sec. 61.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51110.3.

51110.3. In the event that a landowner does not receive notice pursuant to subdivision (b) of Section 51110.1, such owner may prior to January 1, 1978, petition directly to the board or council to have a parcel owned by such person included on list “B.” Such owner must be able to demonstrate that on each such parcel a plan for forest management has been prepared, or approved as to content, by a registered professional forester prior to October 15, 1977. Such plan shall provide for the harvest of timber within a reasonable period of time, as determined by the preparer of the plan.
In the event that the board or council finds that the parcel does in fact have plans for forest management signed by a registered professional forester prior to October 15, 1977, the board or council shall include the parcel listed in the petition on list “B” without respect to acreage or size and shall consider these parcels under subdivision (c) of Section 51112.
(Added by Stats. 1977, Ch. 853.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51111.

51111. On or before October 1, 1976, the board or council shall adopt a list and a detailed description of additional compatible uses for parcels zoned as timberland production.
(Amended by Stats. 1984, Ch. 678, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51112.

51112. (a) On or before March 1, 1977, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list A submitted by the assessor pursuant to subdivision (d) of Section 51110 which are not designated as “contest,” unless it finds by a majority vote of the full body that a parcel or parcels are not devoted to and used for growing and harvesting timber or for growing and harvesting timber and compatible uses.
The basis for such a finding is limited to either of the following:
(1) The parcel is not in fact capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre;
(2) The use of the parcel has changed subsequent to the lien date in 1976, and that such use no longer meets the definition of timberland, or of compatible uses as defined and as adopted by the board or council pursuant to Section 51111.
(b) On or before March 1, 1977, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list A which are designated as “contested” pursuant to subdivision (c) of Section 51110, except those parcels which it finds by a majority vote of the full body to be in the public interest to exclude from such a zone.
(c) On or before March 1, 1978, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list B submitted by the assessor pursuant to subdivision (c) of Section 51110.1, except those parcels which it finds by a majority vote of the full body to be in the public interest to exclude from such a zone.
(d) On parcels excluded from the timberland production zone under this section, the board or council shall apply an alternate zone which is in conformance with the county general plan and whose primary use is other than timberland, if no such appropriate zone currently applies to such parcels.
(e) The owner of the land shall be given written notice at least 20 days prior to the hearing of the board or council, and notice of hearing shall be published pursuant to Section 6061 of this code, and shall include a legal description, or the assessor’s parcel number, of the land which is proposed to be included within the timberland production zone.
(Amended by Stats. 1984, Ch. 678, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51113.5.

51113.5. (a) After March 1, 1977, an owner with timberlands in a timberland production zone pursuant to Section 51112 or 51113 may petition the board or council to add to his or her timberland production lands that meet the criteria of subdivisions (f) and (g) of Section 51104 and that are contiguous to the timberland already zoned as timberland production. Section 51113 shall not apply to these lands.
(b) In the event of land exchanges with, or acquisitions from, a public agency in which the size of an owner’s parcel or parcels zoned as timberland production pursuant to Section 51112 or 51113 is reduced, the timberland production shall not be removed from the parcel except pursuant to Section 51121 and except for a cause other than the smaller parcel size.
(Amended by Stats. 1982, Ch. 1489, Sec. 7.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51114.

51114. Parcels zoned as timberland production shall be zoned as such for an initial term of 10 years. On the first and each subsequent anniversary date of the initial zoning, a year shall be added to the initial term of 10 years, unless a notice of rezoning is given as provided in Section 51120.
(Amended by Stats. 1982, Ch. 1489, Sec. 8.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51115.

51115. Parcels zoned as timberland production shall be zoned so as to restrict their use to growing and harvesting timber and to compatible uses. The growing and harvesting of timber on those parcels shall be regulated solely pursuant to state statutes and regulations.
(Amended by Stats. 1984, Ch. 1009, Sec. 1.3.)