BILL ANALYSIS AB 1962 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1962 (Chesbro) As Amended June 9, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 13, 2010) |SENATE: |31-0 |(June 24, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: L. GOV. SUMMARY : Authorizes an irrevocable offer of dedication of real property or any interest in real property to be made to any regional park, regional park and open-space, or regional open-space district (district), with the consent of the board of directors of the district (board). The Senate amendments : 1)Expand the scope of the bill to cover all districts. 2)Specify that an offer of dedication may be terminated, and the right to accept the offer abandoned, by a majority vote of the board and only if the board makes both of the following findings: a) The offer of dedication was never accepted and, therefore, termination or abandonment of the offer does not constitute a conveyance of an interest in real property dedicated for park or open-space purposes; and, b) Now, or in the future, the district cannot effectively use the real property, or interest in real property, that would be conveyed by the offer of dedication for park or open-space purposes. 3)Delete language regarding the need for a special statute. EXISTING LAW : 1)Authorizes an irrevocable offer of dedication of an interest in real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter's rights, drainage, open space, public AB 1962 Page 2 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. AS PASSED BY THE ASSEMBLY , this bill: 1)Authorized an irrevocable offer of dedication of an interest in real property for any authorized uses and purposes to be made to the Sonoma County Agricultural Preservation and Open Space District, with the consent of the Sonoma County Agricultural Preservation and Open Space District Board of Directors. 2)Required the offer of dedication to be executed, acknowledged, and recorded in the same manner as a conveyance of real property. 3)Required 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 Sonoma County Agricultural AB 1962 Page 3 Preservation and Open Space District Board of Directors. 4)Prescribed the process by which the offer of dedication may be terminated, and the right to accept the offer abandoned, by the Sonoma County Agricultural Preservation and Open Space District Board of Directors. 5)Provided that the procedure prescribed by this measure is alternative to any other procedure authorized by law. 6)Declared that a special law is necessary due to the unique need of the Sonoma County Agricultural Preservation and Open Space 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. FISCAL EFFECT : None COMMENTS : 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. According to the author's office, a district purchases conservation easements which sometimes include trail offers. Currently, an offer must be made first to a city or a county, and upon acceptance, transferred to a district. This bill will allow a district to accept the offers of dedication directly. The author believes that advancing this measure will accomplish two goals: a) streamline the process by which landowners can dedicate interests in land to a 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 state. Support arguments: Supporters argue that this bill will give a district the ability to defer the acceptance of the offer which will allow a 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. AB 1962 Page 4 Opposition arguments: Opposition could argue that these changes supplant the existing authority for cities and counties to accept offers of dedication in property interest. Analysis Prepared by : Katie Kolitsos / L. GOV. / (916) 319-3958 FN: 0004935