BILL ANALYSIS
AB 1195
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1195 (Cohn)
As Amended February 12, 2004
2/3 vote. Urgency
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|ASSEMBLY: | |(May 5, 2003) |SENATE: |34-0 |(March 15, 2004) |
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(vote not relevant)
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|COMMITTEE VOTE: |9-0 |(March 24, 2004) |RECOMMENDATION: |Concur |
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Original Committee Reference: L. GOV.
SUMMARY : Prohibits the Midpeninsula Regional Open Space District
(MROSD) from using the power of eminent domain to acquire any real
property in the San Mateo County Coastal Annexation Area.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Prohibit MROSD from using the power of eminent domain to acquire
any real property in the San Mateo County Coastal Annexation
Area.
2)Find and declare that a special law is necessary because MROSD
has adopted an ordinance and policy prohibiting the use of the
power of eminent domain in an area of San Mateo County currently
proposed to be annexed to MROSD due to the special and unique
circumstances of the particular annexation project and the
particular nature of the territory proposed for annexation, and
in response to input from a Citizens' Advisory Committee formed
to recommend policies particular to this proposed project.
3)Add an urgency clause.
EXISTING LAW authorizes a park and open space district to take by
grant, appropriation, purchase, gift, devise, condemnation, or
lease, and to hold, use, enjoy, and lease or dispose of real
personal property of every kind, and rights in real and personal
property within or without the district, to the full extent of its
AB 1195
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powers.
AS PASSED BY THE ASSEMBLY , this bill stated that:
1)Regional park and open space districts' conveyances of land or
interests in land are exempted from the Subdivision Map Act when
the conveyances are solely for the purpose of open space
preservation.
2)Districts are exempt from a provision of the planning and zoning
law that requires them to submit a proposal to the respective
planning agency for a finding of general plan conformity prior to
acquiring real property for specified purposes.
FISCAL EFFECT : None
COMMENTS : MROSD is one of a dozen regional park and open space
districts. It covers over 48,000 acres of scenic ridges, valleys,
and creeks above the Cities of Cupertino, Los Altos, and Palo Alto.
MROSD's mission is to create a regional greenbelt of open space
lands through public parklands and open space easements over
privately owned lands. To accomplish this it acquires parcels of
land from cooperative property owners and places conservation
easements upon them.
MROSD has been engaged over the last six years in the creation of
the Coastside Protection Program (CPP) to govern the proposed
annexation of 11,800 acres of land between Skyline Drive and the
Pacific coast in San Mateo County. MROSD believes CCP will
preserve the rural heritage of the San Mateo coast, open coastal
areas to the public, preserve agricultural land, create
representation and accountability to coastal residents, and bring
public health and safety services to the area.
MROSD estimates that approximately 80% of the annexed land will be
purchased from or managed for other agencies or organizations. As
for the remaining 20% of the land, MROSD's Board of Directors has
already passed a resolution stating that it would not use eminent
domain to obtain any of this property, despite having the power to
do so, and would purchase from willing sellers only. This
self-imposed ban would go into effect once the land is formally
annexed to MROSD.
The San Mateo County Farm Bureau has asked, and MROSD has agreed,
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to have the decision to not employ the power of eminent domain
within the area proposed to be annexed incorporated into state
statute. Doing so in an urgency measure means that MROSD cannot
unilaterally change its policy in the future and that the ban on
eminent domain will go into effect as soon as the bill is signed by
the Governor.
Analysis Prepared by : J. Stacey Sullivan / L. GOV. / (916)
319-3958
FN: 0004711