BILL ANALYSIS
AB 1962
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1962 (Chesbro)
As Amended June 9, 2010
Majority vote
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|ASSEMBLY: |76-0 |(May 13, 2010) |SENATE: |31-0 |(June 24, |
| | | | | |2010) |
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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
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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
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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.
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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
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