BILL ANALYSIS
SB 1333
Page 1
Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1333 (Yee) - As Amended: May 17, 2010
Policy Committee: Local
GovernmentVote:9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill specifies that that real property easements for
avigation purposes, when required, are to be granted prior to
when the purchaser of the property takes possession from the
real estate developer. The bill also requires that, if an
easement is granted and the development process subsequently
terminates, that the easement also terminate and the easement be
removed from the records of the County Recorder.
FISCAL EFFECT
No state costs. The bill specifies that no mandate reimbursement
is required since affected local agencies have the authority to
levy service charges, fees, or assessments to cover any costs
imposed by the bill.
COMMENTS
1)Background . Avigation easements convey the right for free and
unobstructed passage of aircraft through the airspace around
an airport. They also convey the right to subject the affected
property to noise associated with normal airport activity, a
right to prohibit the erection or growth of any structure or
other object into the airspace, and a right to enter a
property, with proper advance notice, for the purpose of
removing any structure that enters the airspace.
2)Rationale . Under current practice, avigation easements are
granted at the time the certificate of occupancy is issued to
the new property owner. According to the sponsor, the
California Airports Council, waiting until the certificate of
SB 1333
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occupancy is issued is problematic for two reasons. First, it
is difficult for an airport to monitor and track compliance,
as the city's issuance of occupancy certificates occurs at the
very end of the development process.
Second, an airport's rights under the easement can conflict
with other rights in cases where the property is sold or is
under a sales contract prior to when the occupancy certificate
is issued. By issuing the easement at the beginning of the
development process, the sponsor asserts that airports will be
able to monitor and track compliance more easily and able to
plan for orderly growth within the airport's jurisdiction.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081