BILL NUMBER: SB 671 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
FEBRUARY 27, 2009
An act to amend Section 51203 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 671, as introduced, Runner. Agricultural land: valuation.
Existing law requires the county assessor to assess current fair
market valuations to determine the cancellation fee for removing land
from a Williamson Act contract. Existing law permits the Department
of Conservation or the landowner, if either believes that the current
fair market valuations are inaccurate, to request formal review from
the county assessor in the county considering the cancellation
petition. Existing law requires the county assessor to formally
review the valuation upon receiving a request for formal review if he
or she determines that additional information submitted by the
requesting party may have a material effect on the valuation of the
property.
This bill would instead require the Department of Conservation to
obtain a fee appraisal to determine the current fair market value of
the land, and would authorize the county assessor, upon request of
the department or the landowner, to provide information to the
department to assist in the determination of value. The bill would
require the fee appraiser to, upon request, formally review the
valuation, and at the conclusion of the formal review, send the
valuation to the department, the landowner, and the board or council
considering the petition to cancel the contract.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51203 of the Government Code is amended to
read:
51203. (a) The assessor Department of
Conservation shall obtain a fee appraisal to
determine the current fair market value of the land as if it were
free of the contractual restriction pursuant to Section 51283. The
Department of Conservation county assessor,
upon request of the department or the landowner, also
referred to in this section as "parties," may provide
information to the department to assist the
assessor to determine the in the determination of
value. Any information provided to the assessor shall
be served on the other party, unless the information was provided at
the request of the assessor, and would be confidential under law if
required of an assessee.
(b) Within 45 days of receiving the assessor's notice
pursuant to subdivision (a) of Section 51283 or 51283.4,
fee appraisal, if the Department of Conservation or the
landowner believes that the current fair market valuation certified
pursuant to subdivision (b) of Section 51283 or Section 51283.4 is
not accurate, the department or the landowner may request formal
review from the county assessor in the county considering
the petition to cancel the contract fee appraiser
. The department or the landowner shall submit to the
assessor fee appraiser and the other party the
reasons for believing the valuation is not accurate and the
additional information the requesting party believes may substantiate
a recalculation of the property valuation. The assessor may
recover his or her reasonable costs of the formal review from the
party requesting the review, and may provide an estimate of those
costs to the requesting party. The recovery of these costs from the
department may be deducted by the city or county from the
cancellation fees received pursuant to this chapter prior to
transmittal to the Controller for deposit in the Soil Conservation
Fund.
(1) If no request is made within 45 days of receiving notice by
certified mail of the valuation, the assessor's
fee appraiser's valuation shall be used to calculate the
fee.
(2) Upon receiving a request for formal review, the
assessor fee appraiser shall formally review
his or her the valuation if, based on
the determination of the assessor fee
appraiser , the information may have a material effect on
the valuation of the property. The assessor
fee appraiser shall notify the parties
the department and the landowner that the formal review is
being undertaken and that information to aid the assessor's
fee appraiser's review shall be submitted
within 30 days of the date of the notice to the parties
the department and the landowner . Any
information submitted to the assessor fee
appraiser shall be served on the other party who shall have 30
days to respond to that information to the assessor
fee appraiser . If the response to the
assessor fee appraiser contains new information,
the party receiving that response shall have 20 days to respond to
the assessor fee appraiser as to the
new information. All submittals and responses to the
assessor fee appraiser shall be served on the
other party by personal service or an affidavit of mailing. The
assessor fee appraiser shall avoid ex
parte contacts during the formal review and shall report any
such contacts to the department and the landowner at the
same time the review is complete. The assessor
fee appraiser shall complete the review no later than 120
days of receiving the request.
(3) At the conclusion of the formal review, the assessor
fee appraiser shall either revise the
cancellation valuation or determine that the original cancellation
valuation is accurate. The assessor fee
appraiser shall send the revised valuation or notice of the
determination that the valuation is accurate to the department, the
landowner, and the board or council considering the petition to
cancel the contract. The assessor fee
appraiser shall include a brief narrative of what consideration
was given to the items of information and responses directly
relating to the cancellation value submitted by the parties
department and the landowner . The
assessor fee appraiser shall give no
consideration to a party's information or response that was not
served on the other party. If the assessor fee
appraiser denies a formal review, a brief narrative shall be
provided to the parties department and the
landowner indicating the basis for the denial, if requested.
(c) For purposes of this section, the valuation date of any
revised valuation pursuant to formal review or following judicial
challenge shall remain the date of the assessor's
fee appraiser's initial valuation, or his or her initial
recomputation pursuant to Section 51283.4. For purposes of
cancellation fee calculation in a tentative cancellation as provided
in Section 51283, or in a recomputation for final cancellation as
provided in Section 51283.4, a cancellation value shall be considered
current for one year after its determination and certification by
the assessor fee appraiser .
(d) Notwithstanding any other provision of this section, the
department and the landowner may agree on a cancellation valuation of
the land. The agreed valuation shall serve as the cancellation
valuation pursuant to Section 51283 or Section 51283.4. The agreement
shall be transmitted to the board or council considering the
petition to cancel the contract.
(e) This section represents the exclusive administrative procedure
for appealing a cancellation valuation calculated pursuant to this
section. The Department of Conservation shall represent the interests
of the state in the administrative and judicial remedies for
challenging the determination of a cancellation valuation or
cancellation fee.