BILL NUMBER: AB 910	CHAPTERED  10/14/01

	CHAPTER  863
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2001
	APPROVED BY GOVERNOR  OCTOBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2001
	PASSED THE SENATE  SEPTEMBER 4, 2001
	AMENDED IN SENATE  AUGUST 28, 2001
	AMENDED IN ASSEMBLY  MAY 15, 2001
	AMENDED IN ASSEMBLY  MAY 7, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Wayne

                        FEBRUARY 23, 2001

   An act to add Section 1348.3 to the Fish and Game Code, relating
to wildlife conservation easements.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 910, Wayne.  Wildlife conservation easements.
   Existing law establishes the Wildlife and Natural Areas
Conservation Act to provide the financial means to correct wildlife
habitat deficiencies through a program of acquisition, enhancement,
restoration, and protection of areas that are most in need of proper
conservation.
   This bill would prohibit a governmental entity from condemning any
wildlife conservation easement acquired by a state agency unless it
complies with specified condemnation procedures.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1348.3 is added to the Fish and Game Code, to
read:
   1348.3.  (a) No governmental entity may condemn any wildlife
conservation easement acquired by a state agency, except as provided
in subdivision (b).  As used in this section, the following terms
have the following meanings:
   (1) "Public use" as used in Article 6 (commencing with Section
1240.510) and Article 7 (commencing with Section 1240.610) of Chapter
3 of Title 7 of Part 3 of the Code of Civil Procedure means
privately owned lands managed for habitat in public trust.
   (2) "Wildlife" has the same meaning as set forth in Section 711.2.

   (3) "Wildlife conservation easement" means a recorded conservation
easement, as defined in Section 815.1 of the Civil Code, that exists
or will exist for at least 10 years and that is acquired and held by
a state agency and administered primarily for the benefit of
wildlife.
   (b) Prior to the initiation by a governmental entity of
condemnation proceedings against a wildlife conservation easement
acquired by a state agency, the governmental entity shall give notice
to the holder of the easement, provide an opportunity for the holder
of the easement to consult with the governmental agency, provide the
holder of the easement the opportunity to state its objections to
the condemnation, and provide a response to the objections.  Article
6 (commencing with Section 1240.510) and Article 7 (commencing with
Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of
Civil Procedure shall apply to condemnation proceedings initiated by
a governmental entity against a wildlife conservation easement
acquired by a state agency.  In those proceedings, the condemning
governmental entity shall be required to prove by clear and
convincing evidence that its proposed use satisfies the requirements
of Article 6 (commencing with Section 1240.510) or Article 7
(commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3
of the Code of Civil Procedure.