BILL NUMBER: SB 555	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        FEBRUARY 27, 2009

   An act to add Section 5096.519 to the Public Resources Code,
relating to public lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 555, as introduced, Kehoe. Public lands: condemnation of
conservation easement.
   Existing law authorizes various agencies to acquire land for
purposes related to conservation. Existing law establishes procedures
for the independent appraisal review of land to be acquired for
conservation and establishes a conservation easement registry.
Existing law prohibits, with a specified exception, conservation
lands from being sold to another owner or having possession and
control transferred to another agency, unless specified actions
occur.
   This bill would prohibit a governmental entity from condemning a
conservation easement acquired by a state agency or nonprofit land
trust, unless specified procedures are followed. The bill would
require the governmental entity to give the holder of the easement
notice and an opportunity to state any objections to the
condemnation. The bill would also require the governmental entity to
prove by clear and convincing evidence that its proposed use
satisfies statutory requirements that the condemnation be for
compatible use and necessary for public use.
   To the extent that this bill would impose new duties on a local
governmental entity, this bill would create a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5096.519 is added to the Public Resources Code,
to read:
   5096.519.  (a) A governmental entity shall not condemn a
conservation easement acquired by a state agency or nonprofit land
trust, except as provided in subdivision (c).
   (b) As used in this section, the following terms have the
following meanings:
   (1) "Conservation easement" means a recorded conservation
easement, as defined in Section 815.1 of the Civil Code, that was
created to exist in perpetuity or will exist for at least 10 years
and that is acquired with state or local funds or charitable or
income tax resources, is held by a qualified entity, as defined in
Section 815.3 of the Civil Code, and is administered primarily for
retaining land predominantly in its natural, scenic, historical,
agricultural, forested, or open-space condition.
   (2) "Public use," as used in Article 6 (commencing with Section
1240.510) and Article 7 (commencing with Section 1240.610) of Chapter
3 of Title 7 of Part 3 of the Code of Civil Procedure, means
privately owned lands managed for the protection of natural,
cultural, open-space, or recreational resources in public trust.
   (c) (1) Prior to the initiation by a governmental entity of
condemnation proceedings against a property that is subject to a
conservation easement, the governmental entity shall do all of the
following:
    (A) Give notice to the holder of the easement.
   (B) Provide an opportunity for the holder of the easement to
consult with the governmental entity.
   (C) Provide the holder of the easement the opportunity to state
its objections to the condemnation.
   (D) Provide a response to the objections.
   (2) Article 6 (commencing with Section 1240.510) and Article 7
(commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3
of the Code of Civil Procedure shall apply to condemnation
proceedings initiated by a governmental entity against a conservation
easement. In those proceedings, the condemning governmental entity
shall be required to prove by clear and convincing evidence that its
proposed use satisfies the requirements of Article 6 (commencing with
Section 1240.510) or Article 7 (commencing with Section 1240.610) of
Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.