BILL ANALYSIS
AB 1441
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Date of Hearing: May 4, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 1441 (Committee on Agriculture) - As Introduced: February
27, 2009
SUBJECT : Williamson Act: lot line adjustments
SUMMARY : Extends the sunset, from January 1, 2010 to January 1,
2011, of a provision that allows a city or county and a
landowner to mutually agree to simultaneously rescind a
Williamson Act contract and enter into a new contract to
facilitate lot line adjustments.
EXISTING LAW : Pursuant to the California Land Conservation Act
of 1965 (Williamson Act, Chapter 1443, Statutes of 1965):
1)Authorizes a city or county and a landowner to mutually agree
to simultaneously rescind a Williamson Act (Act) contract and
enter into a new contract to facilitate lot line adjustments
if a city council or board of supervisors finds all of the
following:
a) The new contract or contracts would enforceably restrict
the adjusted boundaries of the parcel for an initial term
for at least as long as the unexpired term of the rescinded
contract or contracts, but for not less than 10 years.
b) There is no net decrease in the amount of the acreage
restricted.
c) At least 90 percent of the land under the former
contract or contracts remains under the new contract or
contracts.
d) After the lot line adjustment, the parcels of land
subject to contract will be large enough to sustain their
agricultural use.
e) The lot line adjustment would not compromise the
long-term agricultural productivity of the parcel or other
agricultural lands subject to a contract or contracts.
f) The lot line adjustment is not likely to result in the
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removal of adjacent land from agricultural use.
g) The lot line adjustment does not result in a greater
number of developable parcels than existed prior to the
adjustment, or an adjusted lot that is inconsistent with
the general plan.
2)Required the Department of Conservation (DOC) to review the
performance of the above provision in a bi-annual report due
in 2008.
3)Sunsets the above provision in January 1, 2010.
FISCAL EFFECT : Unknown
COMMENTS : The Williamson Act (Act) conserves agricultural lands
and open space by allowing landowner to voluntarily enter into a
contract with cities and counties, restricting their land to
agriculture, open space, and compatible uses for 10 years in
exchange for lower property tax assessments. The contracts
automatically renew each year so that the term is always 10
years in the future. A landowner may cancel or not renew a
contract under specific conditions.
This bill allows landowners to make minor lot line adjustments
(LLA) without resorting to canceling or non-renewing a
Williamson Act contract.
According to DOC, who administers the Act, the LLA provisions
are:
[A] very useful tool for landowners and local agencies.
The ability of landowners to adjust the boundaries of their
properties is often necessary given the requirements of
agricultural financing, migration of natural boundaries,
and intra-family property transfers. Absent a statutory
mechanism that explicitly authorizes and guides LLA?the
practical necessity to do so may induce some landowners to
utilize extra legal methods that may create uncertainty in
property rights. Unless the sunset date is extended or
deleted, there will be no efficient, direct means to make
minor boundary adjustments?after January 1, 2010.
Landowners may also choose to non-renew or remove land from a
contract as the only way to adjust parcel boundaries. DOC
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believes that this could result in "unnecessary and regrettable
conversion of agricultural land to other uses.
Previous legislation
AB 2921 (Laird), Statutes 2008, Chapter 503 attempted to reform
the Act's LLAs mechanism in a comprehensive fashion, thereby
eliminating the sunset. However, the Senate Local Government
Committee chose to defer action on LLAs until DOC submits its
report to the Legislature on the subject. In the interim, it is
appropriate to continue extending the sunset.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092