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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51243.6.

51243.6. The Legislature finds and declares the following:
(a) The enforceability of contracts entered into pursuant to this article is necessary to permit the preferential taxation provided to the owners of land under contract, pursuant to Section 8 of Article XIII of the California Constitution.
(b) The option granted to a city pursuant to Section 51243.5 to elect not to succeed to a contract may be held only by the city.
(c) No contracting landowner has a reasonable expectation that a contract can be terminated immediately pursuant to this article without penalty.
(Added by Stats. 2002, Ch. 188, Sec. 2. Effective January 1, 2003.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51244.3.

51244.3. (a) This section shall apply to properties under a 9-year or 18-year contract, as the case may be, pursuant to subdivision (b) of Section 51244. Notwithstanding any other provision to the contrary, increased revenues generated by those properties shall be allocated exclusively to the respective counties in which those properties are located.
(b) This section shall only apply if the county makes a determination pursuant to either Section 16142 or 16142.1.
(Amended by Stats. 2014, Ch. 322, Sec. 7. (SB 1353) Effective January 1, 2015.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51244.5.

51244.5. Notwithstanding the provisions of Section 51244, if the initial term of the contract is for more than 10 years, the contract may provide that on the anniversary date of the contract or such other annual date as specified by the contract beginning with the anniversary date on which the contract will have an unexpired term of nine years, a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245.
(Amended by Stats. 1978, Ch. 1120.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51245.

51245. If either the landowner or the city or county desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least 90 days prior to the renewal date or by the city or county at least 60 days prior to the renewal date, the contract shall be considered renewed as provided in Section 51244 or Section 51244.5.
Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. Upon request by the owner, the board or council may authorize the owner to serve a notice of nonrenewal on a portion of the land under a contract.
No later than 20 days after a city or county receives a notice of nonrenewal from a landowner, serves a notice of nonrenewal upon a landowner, or withdraws a notice of nonrenewal, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the notice of nonrenewal or notice of withdrawal of nonrenewal.
(Amended by Stats. 2021, Ch. 644, Sec. 4. (SB 574) Effective January 1, 2022.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51246.

51246. (a) If the county or city or the landowner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be.
(b) No city or county shall enter into a new contract or shall renew an existing contract on or after February 28, 1977, with respect to timberland zoned as timberland production. The city or county shall serve notice of its intent not to renew the contract as provided in this section.
(c) In order to meet the minimum acreage requirement of an agricultural preserve pursuant to Section 51230, land formerly within the agricultural preserve which is zoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account.
(d) Notwithstanding any other provision of law, commencing with the lien date for the 1977–78 fiscal year all timberland within an existing contract which has been nonrenewed as mandated by this section shall be valued according to Section 423.5 of the Revenue and Taxation Code, succeeding to and including the lien date for the 1981–82 fiscal year. Commencing with the lien date for the 1982–83 fiscal year and on each lien date thereafter, such timberland shall be valued according to Section 434.5 of the Revenue and Taxation Code.
(Amended by Stats. 2021, Ch. 644, Sec. 5. (SB 574) Effective January 1, 2022.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51247.

51247. The landowner shall furnish the city or county with such information as the city or county shall require in order to enable it to determine the eligibility of the land involved.
(Added by renumbering Section 51249 by Stats. 1969, Ch. 1372.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51248.

51248. No later than 20 days after a city or county enters into a contract with a landowner pursuant to this chapter, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the contract, which shall describe the land subject thereto, together with a reference to the map showing the location of the agricultural preserve in which the property lies. From and after the time of such recordation such contract shall impart such notice thereof to all persons as is afforded by the recording laws of this state.
(Added by renumbering Section 51250 by Stats. 1969, Ch. 1372.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51248.5.

51248.5. Whenever any city or county is required to record any contract by this chapter, it may file a fictitious contract. Thereafter, any of the provisions of such fictitious contract may be included by reference in any contract required to be filed by this chapter. The provisions of Section 2952 of the Civil Code relating to the filing, indexing, and force and effect of fictitious mortgages shall be applicable to such fictitious contracts.
(Added by Stats. 1978, Ch. 1120.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51251.

51251. The county, city, or landowner may bring any action in court necessary to enforce any contract, including, but not limited to, an action to enforce the contract by specific performance or injunction. An owner of land may bring any action in court to enforce a contract on land whose exterior boundary is within one mile of his land. An owner of land under contract may bring any action in court to enforce a contract on land located within the same county or city.
(Amended by Stats. 1978, Ch. 1120.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51252.

51252. Open-space land under a contract entered into pursuant to this chapter shall be enforceably restricted within the meaning and for the purposes of Section 8 of Article XIII of the State Constitution and shall be enforced and administered by the city or county in such a manner as to accomplish the purposes of that article and of this chapter.
(Amended by Stats. 1974, Ch. 311.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51253.

51253. Any contract or agreement entered into pursuant to this chapter prior to the 61st day following final adjournment of the 1969 Regular Session of the Legislature may be amended to conform with the provisions of this act as amended at that session upon the mutual agreement of all parties. Approval of these amendments to a contract by the Director of Conservation shall not be required.
(Amended by Stats. 1984, Ch. 851, 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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51254.

51254. Notwithstanding any other provision of this chapter, the parties may upon their mutual agreement rescind a contract in order simultaneously to enter into a new contract pursuant to this chapter, which new contract would enforceably restrict the same property for an initial term at least as long as the unexpired term of the contract being so rescinded but not less than 10 years. Such action may be taken notwithstanding the prior serving of a notice of nonrenewal relative to the former contract.
(Added by Stats. 1977, Ch. 495.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51255.

51255. (a) Notwithstanding any other provision of this chapter, the parties may upon their mutual agreement rescind a contract in order simultaneously to enter into an open-space easement agreement pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070)), provided that the easement is consistent with the Williamson Act (this chapter) for the duration of the original Williamson Act contract. The easement would enforceably restrict the same property for an initial term of not less than 10 years and would not be subject to the provisions of Article 4 (commencing with Section 51090) of Chapter 6.6. This action may be taken notwithstanding the prior serving of a notice of nonrenewal, and the land subject to the contract shall be assessed pursuant to Section 423 of the Revenue and Taxation Code.
(b) This section shall not apply to any agreement entered into on or before August 12, 1998.
(Amended by Stats. 1998, Ch. 690, Sec. 3. 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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51256.

51256. Notwithstanding any other provision of this chapter, a city or county, upon petition by a landowner, may enter into an agreement with the landowner to rescind a contract in accordance with the contract cancellation provisions of Section 51282 in order to simultaneously place other land within that city, the county, or the county where the contract is rescinded under an agricultural conservation easement, consistent with the purposes and, except as provided in subdivision (b), the requirements of the California Farmland Conservancy pursuant to Division 10.2 (commencing with Section 10200) of the Public Resources Code, provided that the board or council makes all of the following findings:
(a) The proposed agricultural conservation easement is consistent with the criteria set forth in Section 10251 of the Public Resources Code.
(b) The proposed agricultural conservation easement is evaluated pursuant to the selection criteria in Section 10252 of the Public Resources Code, and particularly subdivisions (a), (c), (e), (f), and (h), and the board or council makes a finding that the proposed easement will make a beneficial contribution to the conservation of agricultural land in its area.
(c) The land proposed to be placed under an agricultural conservation easement is of equal size or larger than the land subject to the contract to be rescinded, and is equally or more suitable for agricultural use than the land subject to the contract to be rescinded. In determining the suitability of the land for agricultural use, the city or county shall consider the soil quality and water availability of the land, adjacent land uses, and any agricultural support infrastructure.
(d) The value of the proposed agricultural conservation easement, as determined pursuant to Section 10260 of the Public Resources Code, is equal to or greater than either of the following:
(1) Twelve and one-half percent of the cancellation valuation of the land subject to the contract to be rescinded, pursuant to subdivision (a) of Section 51283.
(2) Twenty-five percent of the cancellation valuation of the land subject to the contract to be rescinded pursuant to paragraph (3) of subdivision (c) of Section 51297, if the contract was entered into pursuant to Article 7 (commencing with Section 51296).
(e) The easement value and the cancellation valuation shall be determined within 90 days before the approval of the city or county of an agreement pursuant to this section.
(Amended by Stats. 2008, Ch. 503, Sec. 4. Effective January 1, 2009.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51256.1.

51256.1. No agreement entered into pursuant to Section 51256 shall take effect until it is approved by the Secretary of Resources. The secretary may approve the agreement if he or she finds that the findings of the board or council, as required by Sections 51256 and 51282, are supported by substantial evidence, and that the proposed agricultural conservation easement is consistent with the eligibility criteria set forth in Section 10251 of the Public Resources Code and will make a beneficial contribution to the conservation of agricultural land in its area. The secretary shall not approve the agreement if an agricultural conservation easement has been purchased with funds from the Agricultural Land Stewardship Program Fund, established pursuant to Section 10230 of the Public Resources Code, on the same land proposed to be placed under an agricultural conservation easement pursuant to this section.
(Added by Stats. 1999, Ch. 1018, Sec. 6. Effective January 1, 2000.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51256.2.

51256.2. (a) One or more cities or counties may adopt a plan for implementing the provisions of Section 51256 with respect to multiple transactions within one or more specific areas, and submit the plan to the director for his or her approval. The plan may be approved only upon a determination by the director that it is consistent with the provisions of Section 51256. Thereafter individual transactions shall be approved if they are consistent with the approved plan.
(b) Notwithstanding Section 51256, this section shall apply only to lands under contract located in the Counties of San Bernardino and Riverside, within the area bounded by Interstate 10 on the north, State Route 71 on the west, State Route 91 on the south, and a line two miles east of Interstate 15 on the east, and to easements within that area or within 10 miles of its exterior boundaries and within either Riverside County or San Bernardino County. For the purpose of this section, easements located within the described area may be related to contract rescissions in either county.
(c) The Legislature finds and declares that, because of the unique factors applicable only to the Chino Basin, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Those unique circumstances are that the Chino agricultural preserve is undergoing transition from agricultural to nonagricultural uses and the affected areas comprise more than a single jurisdiction. Therefore, a multijurisdictional approach is necessary.
(Amended by Stats. 2000, Ch. 431, Sec. 1. Effective January 1, 2001.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51256.3.

51256.3. For the purposes of facilitating long-term agricultural land conservation in the Sacramento-San Joaquin Delta, an agricultural conservation easement located within the primary or secondary zone of the delta, as defined in Sections 29728 and 29731 of the Public Resources Code, may be related to contract rescissions in any other portion of the secondary zone without respect to county boundary limitations contained in an agricultural conservation easement agreement pursuant to Section 51256.
(Added by Stats. 2006, Ch. 547, Sec. 1. Effective January 1, 2007.)
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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51257.

51257. (a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following:
(1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years.
(2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.
(3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts.
(4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222.
(5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts.
(6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.
(7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan.
(b) Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments.
(c) Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2004.
(Amended by Stats. 2012, Ch. 128, Sec. 1. (AB 2680) 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 7 - Agricultural Land › ARTICLE 3 - Contracts › Section 51257.5.

51257.5. (a) If the state fails to make payments to a city or county pursuant to Section 16142 or 16142.1, or if the state provides a reduced subvention, a city or county may accept contributions from a nonprofit land-trust organization, a nonprofit entity, or a public agency for specific land under a contract within the city or county to supplement foregone property tax revenues pursuant to this section.
(b) (1) A nonprofit land-trust organization, nonprofit entity, or public agency may contract with an owner of land currently under a contract pursuant to this chapter, upon approval of the contract by the city or county, for a period of up to 10 years, to keep the landowner’s property under contract with the county pursuant to this chapter, in exchange for the contribution by the nonprofit land-trust organization or nonprofit entity’s payment for an equivalent period of years of all or a portion of the foregone property tax revenue to the city or county.
(2) A contract entered into pursuant to this subdivision shall be subject to any limitation in power of a nonprofit land-trust organization, nonprofit entity, or public agency.
(3) A contract entered into pursuant to this subdivision shall not authorize or require the conversion of land subject to the contract into a mitigation bank site.
(c) In implementing this section, a city or county shall not request or require additional conditions or restrictions on the land or the landowner for existing or future contracts.
(d) This section shall not be construed as a limitation on the right of a landowner to engage in other lawful contracts or transactions with respect to their land, including, but not limited to, contracts entered into pursuant to this chapter.
(e) As used in this section, “nonprofit land-trust organization” means a nonprofit land-trust organization as defined in subdivision (b) of Section 5011.7 of the Public Resources Code.
(f) No contract shall be entered into on or after January 1, 2016, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
(Added by Stats. 2011, Ch. 254, Sec. 1. (SB 668) Effective January 1, 2012.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51280.

51280. It is hereby declared that the purpose of this article is to provide relief from the provisions of contracts entered into pursuant to this chapter under the circumstances and conditions provided herein.
(Amended by Stats. 1981, Ch. 1095, 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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51280.1.

51280.1. As used in this chapter, the finding of a board or council that “cancellation and alternative use will not result in discontiguous patterns of urban development” authorizes, but does not require, the board or council to cancel a contract if it finds that the alternative use will be rural in character and that the alternative use will result within the foreseeable future in a contiguous pattern of development within the relevant subregion. The board or council is not required to find that the alternative use will be immediately contiguous to like development. In rendering its finding, the board or council acts in its own discretion to evaluate the proposed alternative use according to existing and projected conditions within its local jurisdiction.
(Amended by Stats. 2021, Ch. 644, Sec. 7. (SB 574) Effective January 1, 2022.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51281.

51281. A contract may not be canceled except pursuant to a request by the landowner, and as provided in this article.
(Amended by Stats. 1969, Ch. 1372.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51281.1.

51281.1. The board or council may require the payment of a reasonable application fee to be made at the time a petition for cancellation is filed.
(Added by Stats. 1978, Ch. 1120.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51282.5.

51282.5. The owner of any land which has been zoned as a timberland production pursuant to Section 51112 or 51113, and that zoning has been recorded as provided in Section 51117, may petition the board or council for cancellation of any contract as to all or part of the land. Upon petition, the board or council shall approve the cancellation of the contract.
The provisions of Section 51283 shall not apply to any cancellation under this section, and no cancellation fee shall be imposed.
(Amended by Stats. 1982, Ch. 1489, Sec. 30.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51284.

51284. No contract may be canceled until after the city or county has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be published pursuant to Section 6061 and shall be mailed to every owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the land upon which the contract is proposed to be canceled. Within 30 days of the tentative cancellation of the contract, the city or county shall publish a notice of its decision, including the date, time, and place of the public hearing, a general explanation of the decision, the findings made pursuant to Section 51282, and a general description, in text or by diagram, of the land under contract, as a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city or county. In addition, within 30 days of the tentative cancellation of the contract, the city or county shall deliver a copy of the published notice of the decision, as described above, to the Director of Conservation. The publication shall be for informational purposes only, and shall create no right, standing, or duty that would otherwise not exist with regard to the cancellation proceedings.
(Amended by Stats. 2021, Ch. 644, Sec. 11. (SB 574) Effective January 1, 2022.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51284.1.

51284.1. When a landowner petitions a board or council for the tentative cancellation of a contract and when the board or council accepts the application as complete pursuant to Section 65943, the board or council shall send that information to the assessor that is necessary to describe the land subject to the proposed cancellation. The information shall include the name and address of the landowner petitioning the cancellation.
(Amended by Stats. 2021, Ch. 644, Sec. 12. (SB 574) Effective January 1, 2022.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51285.

51285. The owner of any property located in the county or city in which the agricultural preserve is situated may protest such cancellation to the city or county conducting the hearing.
(Amended by Stats. 1969, Ch. 1372.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51286.

51286. (a) Any action or proceeding which, on the grounds of alleged noncompliance with the requirements of this chapter, seeks to attack, review, set aside, void, or annul a decision of a board of supervisors or a city council to cancel a contract shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure.
(b) The action or proceeding shall be commenced within 180 days from the date of the council or board order acting on a petition for cancellation filed under this chapter.
(Amended by Stats. 2001, Ch. 176, Sec. 12. Effective January 1, 2002.)
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 7 - Agricultural Land › ARTICLE 5 - Cancellation › Section 51287.

51287. The city or county may impose a fee pursuant to Chapter 8 (commencing with Section 66016) of Division 1 of Title 7 for recovery of costs under this article. The fee shall not exceed an amount necessary to recover the reasonable cost of services provided by the city or county under this article.
(Amended by Stats. 1995, Ch. 686, Sec. 2. Effective October 10, 1995. Operative January 1, 1996, by Sec. 9 of Ch. 686.)
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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51290.

51290. (a) It is the policy of the state to avoid, whenever practicable, the location of any federal, state, or local public improvements and any improvements of public utilities, and the acquisition of land therefor, in agricultural preserves.
(b) It is further the policy of the state that whenever it is necessary to locate such an improvement within an agricultural preserve, the improvement shall, whenever practicable, be located upon land other than land under a contract pursuant to this chapter.
(c) It is further the policy of the state that any agency or entity proposing to locate such an improvement shall, in considering the relative costs of parcels of land and the development of improvements, give consideration to the value to the public, as indicated in Article 2 (commencing with Section 51220), of land, and particularly prime agricultural land, within an agricultural preserve.
(Amended by Stats. 1998, Ch. 690, Sec. 5. 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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51290.5.

51290.5. As used in this chapter, “public improvement” means facilities or interests in real property, including easements, rights-of-way, and interests in fee title, owned by a public agency or person, as defined in subdivision (a) of Section 51291.
(Amended by Stats. 1998, Ch. 690, Sec. 6. 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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51291.5.

51291.5. The notice requirements of subdivision (b) of Section 51291 shall not apply to the acquisition of land for the erection, construction, or alteration of gas, electric, piped subterranean water or wastewater, or communication facilities.
(Added by Stats. 1999, Ch. 1018, Sec. 11. Effective January 1, 2000.)
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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51292.

51292. No public agency or person shall locate a public improvement within an agricultural preserve unless the following findings are made:
(a) The location is not based primarily on a consideration of the lower cost of acquiring land in an agricultural preserve.
(b) If the land is agricultural land covered under a contract pursuant to this chapter for any public improvement, that there is no other land within or outside the preserve on which it is reasonably feasible to locate the public improvement.
(Amended by Stats. 1999, Ch. 1018, Sec. 12. Effective January 1, 2000.)
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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51293.

51293. Section 51292 shall not apply to:
(a) The location or construction of improvements where the board or council administering the agricultural preserve approves or agrees to the location thereof, except when the acquiring agency and administering agency are the same entity.
(b) The acquisition of easements within a preserve by the board or council administering the preserve.
(c) The location or construction of any public utility improvement which has been approved by the Public Utilities Commission.
(d) The acquisition of either (1) temporary construction easements for public utility improvements, or (2) an interest in real property for underground public utility improvements. This subdivision shall apply only where the surface of the land subject to the acquisition is returned to the condition and use that immediately predated the construction of the public improvement, and when the construction of the public utility improvement will not significantly impair agricultural use of the affected contracted parcel or parcels.
(e) The location or construction of the following types of improvements, which are hereby determined to be compatible with or to enhance land within an agricultural preserve:
(1) Flood control works, including channel rectification and alteration.
(2) Public works required for fish and wildlife enhancement and preservation.
(3) Improvements for the primary benefit of the lands within the preserve.
(f) Improvements for which the site or route has been specified by the Legislature in a manner that makes it impossible to avoid the acquisition of land under contract.
(g) All state highways on routes as described in Sections 301 to 622, inclusive, of the Streets and Highways Code, as those sections read on October 1, 1965.
(h) All facilities which are part of the State Water Facilities as described in subdivision (d) of Section 12934 of the Water Code, except facilities under paragraph (6) of subdivision (d) of that section.
(i) Land upon which condemnation proceedings have been commenced prior to October 1, 1965.
(j) The acquisition of a fee interest or conservation easement for a term of at least 10 years, in order to restrict the land to agricultural or open space uses as defined by subdivisions (b) and (o) of Section 51201.
(Amended by Stats. 1994, Ch. 1158, Sec. 4. Effective January 1, 1995.)
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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51293.1.

51293.1. Any public agency or person requiring land in an agricultural preserve for a use which has been determined by a city or county to be a “compatible use” pursuant to subdivision (e) of Section 51201 in that agricultural preserve shall not be excused from the provisions of subdivision (b) of Section 51291 if the agricultural preserve was established before the location of the improvement of a public utility was submitted to the city, county, or Public Utilities Commission for agreement or approval and that compatible use shall not come within the provisions of Section 51293 unless the location of the improvement is approved or agreed to pursuant to subdivision (a) of Section 51293 or the compatible use is listed in Section 51293.
(Amended by Stats. 1983, Ch. 101, Sec. 71.)
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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51294.

51294. Section 51292 shall be enforceable only by mandamus proceedings by the local governing body administering the agricultural preserve. However, as applied to condemnors whose determination of necessity is not conclusive by statute, evidence as to the compliance of the condemnor with Section 51292 shall be admissible on motion of any of the parties in any action otherwise authorized to be brought by the landowner or in any action against the landowner.
(Amended by Stats. 2021, Ch. 644, Sec. 14. (SB 574) Effective January 1, 2022.)
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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51294.1.

51294.1. After 30 days have elapsed following its action, pursuant to subdivision (b) of Section 51291, advising the local governing body of a county or city administering an agricultural preserve of its intention to consider the location of a public improvement within such agricultural preserve, a public agency proposing to acquire land within an agricultural preserve for water transmission facilities which will extend into more than one county, may file the proposed route of the facilities with each county or city administering an agricultural preserve into which the facilities will extend and request each county or city to approve or agree to the location of the facilities or the acquisition of the land therefor. Upon approval or agreement, the provisions of Section 51292 shall not apply to the location of the proposed water transmission facility or the acquisition of land therefor in any county or city which has approved or agreed to the location or acquisition.
(Amended by Stats. 2021, Ch. 644, Sec. 15. (SB 574) Effective January 1, 2022.)
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 7 - Agricultural Land › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51294.2.

51294.2. If any local governing body administering an agricultural preserve within 90 days after receiving a request pursuant to Section 51294.1 has not approved or agreed to the location of water transmission facilities as provided in Section 51294.1 or in subdivision (a) of Section 51293, the public agency making such request may file an action against such local governing body in the superior court of one of the counties within which any such body has failed to approve the location of facilities or the acquisition of land therefor, to determine whether the public agency proposing the location or acquisition has complied with the requirements of Section 51292. If the court should so determine, the provisions of Section 51292 shall not apply to the location of water transmission facilities, nor the acquisition of land therefor, in any of the counties into which they shall extend, and no writ of mandamus shall be issued in relation thereto pursuant to Section 51294. For the purposes of this section, the county selected for commencing such action is the proper county for the trial of such proceedings. In determining whether the public agency has complied with the requirements of Section 51292, the court shall consider the alignment, functioning and operation of the entire transmission facility.
Courts shall give any action brought under the provisions of this section preference over all other civil actions therein, to the end that such actions shall be quickly heard and determined.
(Added by Stats. 1970, Ch. 415.)
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 7 - Agricultural Land › ARTICLE 7 - Farmland Security Zones › Section 51296.

51296. The Legislature finds and declares that it is desirable to expand options available to landowners for the preservation of agricultural land. It is therefore the intent of the Legislature in enacting this article to encourage the creation of longer term voluntary enforceable restrictions within agricultural preserves.
(Repealed and added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
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 7 - Agricultural Land › ARTICLE 7 - Farmland Security Zones › Section 51296.1.

51296.1. A landowner or group of landowners may petition the board to rescind a contract or contracts entered into pursuant to this chapter in order to simultaneously place the land subject to that contract or those contracts under a new contract designating the property as a farmland security zone. A landowner or group of landowners may also petition the board to create a farmland security zone for the purpose of entering into farmland security zone contracts pursuant to this section.
(a) Before approving the rescission of a contract or contracts entered into pursuant to this chapter in order to simultaneously place the land under a new farmland security zone contract, the board shall create a farmland security zone, pursuant to the requirements of Section 51230, within an existing agricultural preserve.
(b) No land shall be included in a farmland security zone unless expressly requested by the landowner. Any land located within a city’s sphere of influence shall not be included within a farmland security zone, unless the creation of the farmland security zone within the sphere of influence has been expressly approved by resolution by the city with jurisdiction within the sphere of influence.
(c) If more than one landowner requests the creation of a farmland security zone and the parcels are contiguous, the county shall place those parcels in the same farmland security zone.
(d) A contract entered into pursuant to this section shall be for an initial term of no less than 20 years. Each contract shall provide that on the anniversary date of the contract or on another annual date as specified by the contract, a year shall be added automatically to the initial term unless a notice of nonrenewal is given pursuant to Section 51245.
(e) Upon termination of a farmland security zone contract, the farmland security zone designation for that parcel shall simultaneously be terminated.
(Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
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 7 - Agricultural Land › ARTICLE 7 - Farmland Security Zones › Section 51296.2.

51296.2. Both of the following shall apply to land within a designated farmland security zone:
(a) The land shall be eligible for property tax valuation pursuant to Section 423.4 of the Revenue and Taxation Code.
(b) Notwithstanding any other provision of law, any special tax approved by the voters for urban-related services on or after January 1, 1999, on the land or any living improvement shall be levied at a reduced rate unless the tax directly benefits the land or the living improvements.
(Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
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 7 - Agricultural Land › ARTICLE 7 - Farmland Security Zones › Section 51296.3.

51296.3. Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security zone to a city. However, this subdivision shall not apply under any of the following circumstances:
(a) If the farmland security zone is located within a designated, delineated area that has been approved by the voters as a limit for existing and future urban facilities, utilities, and services.
(b) If annexation of a parcel or a portion of a parcel is necessary for the location of a public improvement, as defined in Section 51290.5, except as provided in Section 51296.5 or 51296.6.
(c) If the landowner consents to the annexation.
(Amended by Stats. 2002, Ch. 614, Sec. 1. Effective January 1, 2003.)
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 7 - Agricultural Land › ARTICLE 7 - Farmland Security Zones › Section 51296.4.

51296.4. Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security zone to a special district that provides or would provide sewers, nonagricultural water, or streets and roads, unless the facilities or services provided by the special district benefit land uses that are allowed under the contract and the landowner consents to the change of organization or reorganization.
(Amended by Stats. 2002, Ch. 614, Sec. 2. Effective January 1, 2003.)
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 7 - Agricultural Land › ARTICLE 7 - Farmland Security Zones › Section 51296.5.

51296.5. Notwithstanding Article 5 (commencing with Section 53090) of Chapter 1 of Division 2 of Title 5, a school district shall not render inapplicable a county zoning ordinance to the use of land by the school district if the land is within a designated farmland security zone.
(Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
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 7 - Agricultural Land › ARTICLE 7 - Farmland Security Zones › Section 51296.6.

51296.6. Notwithstanding any other provision of law, a school district shall not acquire any land that is within a designated farmland security zone.
(Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)