BILL NUMBER: SB 1431	CHAPTERED
	BILL TEXT

	CHAPTER  135
	FILED WITH SECRETARY OF STATE  JULY 17, 2008
	APPROVED BY GOVERNOR  JULY 17, 2008
	PASSED THE SENATE  APRIL 28, 2008
	PASSED THE ASSEMBLY  JUNE 30, 2008
	AMENDED IN SENATE  APRIL 16, 2008
	AMENDED IN SENATE  APRIL 1, 2008

INTRODUCED BY   Senator Wiggins
   (Coauthor: Assembly Member Berg)

                        FEBRUARY 21, 2008

   An act to add Section 5011.7 to the Public Resources Code,
relating to parks and recreation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1431, Wiggins. Parks and recreation: easements.
   Under existing law, the Department of Parks and Recreation has
control of the state park system, and is authorized to grant
easements for specified purposes.
   This bill would authorize the department to acquire conservation
easements, as the bill would define that term, on real property if
the department determines that the conservation easement is necessary
to protect a unit of the state park system from an incompatible use
or to preserve and enhance the natural resource, cultural, or
historic value of the unit of the state park system.
   The bill would authorize the department to make grants to a state
or local government agency or a nonprofit land trust organization to
purchase and hold one of those conservation easements, if specified
requirements are met.
   This bill would require the department to adopt, on or before July
1, 2009, written policies regarding conservation easement purchases
and make those policies available on the department's Internet Web
site.



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

  SECTION 1.  Section 5011.7 is added to the Public Resources Code,
to read:
   5011.7.  (a) The Legislature finds and declares that the use of
conservation easements can assist the department in protecting the
natural resources of the state park system and prevent incompatible
uses on property at a low cost, while maintaining land in private
ownership and productive use.
   (b) For the purposes of this section, the following terms have the
following meaning:
   (1) "Conservation easement" means a limitation in a recorded
instrument that contains an easement, restriction, covenant,
condition, or offer to dedicate, that has been executed by or on
behalf of the owner of the land subject to that limitation and is
binding upon successive owners of the land, and the purpose of which
is to retain land predominantly in its natural, scenic, historical,
agricultural, forested, or open-space condition. "Conservation
easement" includes a conservation easement as defined in Section
815.1 of the Civil Code, an open-space easement as defined in Section
51075 of the Government Code, and an agricultural conservation
easement as defined in Section 10211.
   (2) "Local government" means a city, county, or district.
   (3) "Nonprofit land trust organization" means a nonprofit
organization described in Section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under
Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has
among its purposes the conservation of natural or cultural resources.

   (c) The department may acquire a conservation easement on real
property, pursuant to the requirements of Section 5006, if the
department determines that the conservation easement is necessary to
protect a unit of the state park system from an incompatible use or
to preserve and enhance the natural resource, cultural, or historic
value of the unit of the state park system.
   (d) (1) For the purposes of this section, the department may make
grants to a state or local government agency or a nonprofit land
trust organization to purchase and hold a conservation easement,
using funds appropriated to the department through the annual Budget
Act that have been authorized for encumbrance for either capital
outlay or local assistance.
   (2) The director shall not disburse grant funds to a state or
local government agency or a nonprofit land trust organization to
purchase and hold the easement until the grantee agrees that the
easement acquired will be used only for the purpose for which the
grant was requested.
   (3) The director shall find that the disposition of the easement
is consistent with, and in furtherance of, the purposes of this
division and that the holder of the easement is qualified to monitor
and enforce the easement.
   (4) If the state or local government agency or nonprofit land
trust organization holding the easement is dissolved, the easement
shall be transferred to a state or local government agency or
nonprofit land trust organization that is qualified to monitor and
enforce the easement. The transfer of the easement shall go into
effect after a subsequently recorded document reflecting that
transfer is recorded.
   (5) The easement or its terms may be amended with the consent of
the property owner and the state or local government agency or
nonprofit land trust organization holding the easement and upon
approval by the department if the department determines that the
amendment is consistent with this section. An amendment to the
conservation easement shall go into effect once a subsequently
recorded document setting forth the amendment is recorded.
   (6) The director shall not disburse any grant funds unless the
recipient agrees to restrict the use of the land in perpetuity.
   (e) On or before July 1, 2009, the department shall adopt written
policies regarding conservation easement purchases. At a minimum,
these policies shall include procedures to monitor and enforce the
provisions of the conservation easement. The policies shall be made
available on the department's Internet Web site.