BILL ANALYSIS
AB 1962
Page 1
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1962 (Chesbro) - As Amended: March 18, 2010
SUBJECT : Real property: parks and open space: Sonoma County
Agricultural Preservation and Open Space District: irrevocable
offers of dedication.
SUMMARY : Authorizes an irrevocable offer of dedication of an
interest in real property to be made to the Sonoma County
Agricultural Preservation and Open Space District (District),
with the consent of the Board of Directors of the District
(Board). Specifically, this bill :
1)Authorizes an irrevocable offer of dedication of an interest
in real property for any authorized uses and purposes to be
made to the District, with the consent of the Board.
2)Requires the offer of dedication to be executed, acknowledged,
and recorded in the same manner as a conveyance of real
property.
3)Requires that the offer of dedication, when recorded in the
office of the county recorder, be irrevocable and may be
accepted at any time by the Board.
4)Prescribes the process by which the offer of dedication may be
terminated, and the right to accept the offer abandoned, by
the Board.
5)Provides that the procedure prescribed by this measure is
alternative to any other procedure authorized by law.
6)Declares that a special law is necessary due to the unique
need of the District to provide a means by which potential
sellers of real property interests may provide an irrevocable
offer of dedication to the district for those real property
interests.
EXISTING LAW :
1)Authorizes an irrevocable offer of dedication of an interest
in real property for any public purpose, including, but not
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limited to, streets, highways, paths, alleys, including access
rights and abutter's rights, drainage, open space, public
utility or other public easements, parks, or other public
places to be made to a city, county, or city and county.
2)Authorizes an open space district to take by grant,
appropriation, purchase, gift, devise, condemnation, or lease,
and may hold, use, enjoy, and lease or dispose of real and
personal property of every kind, and rights in real and
personal property, within or without the district, necessary
to the full exercise of its powers.
3)States that lands subject to the grant of an open-space
easement executed and accepted by an open space district in
accordance with law are enforceably restricted within the
meaning of Section 8 of Article XIII of the California
Constitution.
4)Provides that an easement or other interest in real property
may be dedicated for park or open-space purposes, or both, by
the adoption of a resolution by the board of directors, and
any interest so dedicated may be conveyed only as provided in
law.
5)Requires that the legal title to all property acquired by an
open space district under the provisions of law be immediately
and by operation of law vested in the open space district, and
shall be held by the open space district in trust for, and is
dedicated and set apart for, the uses and purposes set forth
in law.
6)Defines "vacation" as the complete or partial abandonment or
termination of the public right to use a street, highway, or
public service easement.
7)"Public service easement" includes all or part of, or any
right in a right-of-way, easement, or use restriction acquired
for public use by dedication or otherwise for sewers,
pipelines, polelines, electrical transmission and
communication lines, pathways, storm drains, drainage, canal,
water transmission lines, light and air, and other limited use
public easements other than for street or highway purposes.
8)Authorizes a legislative body to vacate a street, highway, or
public service easement pursuant to the authority provided in
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law by adopting a resolution of vacation.
9)Requires that the resolution of vacation state all of the
following:
a) That the vacation is made under the summary vacation
procedures;
b) The name or other designation of the street, highway, or
public service easement and a precise description of the
portion vacated. The description of the portion vacated
may be by a precise map which is recorded or to which
reference is made in the resolution and which is
permanently maintained by the public entity;
c) The facts under which the summary vacation is made. The
resolution is prima facie evidence of the facts stated;
and,
d) That from and after the date the resolution is recorded,
the street, highway, or public service easement vacated no
longer constitutes a street, highway, or public service
easement.
FISCAL EFFECT : None
COMMENTS :
1)Existing law allows a city or a county to consent to the
recording of an irrevocable offer to convey any interest in
real property situated within the county's or city's
boundaries. This allows the city or county to defer
acceptance of the offer until planning, financing and
regulatory requirements have been satisfied. The offer binds
the property owner, but leaves the local agency with
discretion as to when, and even if, to accept the land.
2)According to the author's office, the District purchases
conservation easements which sometimes include trail offers.
Currently, an offer must be made first to a city or the County
of Sonoma, and upon acceptance, transferred to the District.
AB 1962 will allow the District to accept the offers of
dedication directly.
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3)The author believes that advancing this measure will
accomplish two goals: a) streamline the process by which
landowners can dedicate interests in land to the District;
and, b) enhance coordination with local agencies on projects
which further the goals of protecting open space and
agricultural and recreational assets in the Sonoma region.
4)Support Arguments : Supporters argue that AB 1962 will give
the District the ability to defer the acceptance of the offer
which will allow the District to respond to changing
circumstances, and to not commit funds or resources to
property acquisitions that may turn out not to be in the
public's interest.
Opposition Arguments : Opposition may argue why this
authorization is only limited to one District since there are
many other open space and park districts across the state.
Opposition could argue that these changes supplant the
existing authority for cities and counties to accept offers of
dedication in property interest.
REGISTERED SUPPORT / OPPOSITION :
Support
Sonoma County Agricultural Preservation and Open Space District
[SPONSOR]
Cities of Cloverdale, Cotati, Santa Rosa, and Sebastopol
Town of Windsor
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958