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