BILL ANALYSIS �
AB 2226
Page 1
ASSEMBLY THIRD READING
AB 2226 (Hueso)
As Amended March 22, 2012
Majority vote
BUSINESS & PROFESSIONS 6-1
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|Ayes:|Hayashi, Allen, Butler, | | |
| |Eng, Hill, Ma | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman | | |
| | | | |
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SUMMARY : Provides that the owner of a legal title is presumed
to be the owner of the full beneficial title in proceedings
before state agencies, cities, counties, or city and counties.
Specifically, this bill :
1)Provides that in a proceeding before a state agency, city,
county, or city and county, as specified, if the title to or
ownership of a property is in question, the owner of the legal
title to the property is presumed to be the owner of the full
beneficial title, as specified.
2)Specifies that the requirements of this bill apply to all
state agencies, even if otherwise exempt from provisions
related to administrative adjudication, as specified, or if
the governing procedure of the agency is determined by a
different statute or regulation.
3)States legislative intent.
EXISTING LAW :
1)Specifies that in proceedings and hearings before a court, a
presumption exists that the owner of the legal title to
property is presumed to be the owner of the full beneficial
title and provides that this presumption can only be rebutted
by clear and convincing proof.
2)Establishes procedures for adjudicative proceedings by state
AB 2226
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agencies.
3)Provides that the governing procedure by which an agency
conducts an adjudicative proceeding is determined by the
statutes and regulations applicable to that proceeding and if
no other governing procedure is provided by statute or
regulation, an agency may conduct an adjudicative proceeding
under the administrative adjudication provisions of the
Administrative Procedure Act (APA), as specified.
4)Provides that a state or federal statute or regulation
applicable to a particular agency or decision prevails over a
conflicting or inconsistent provision in current provisions
governing the administrative adjudication provisions of the
APA.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Traditionally, questions
regarding ownership of property have been addressed by the
courts. The California Evidence Code creates a presumption in
court proceedings that the title holder will be recognized as
the owner of the property except when there is unequivocal
evidence to the contrary. Specifically, Evidence Code section
662 states, 'The owner of the legal title to property is
presumed to be the owner of the full beneficial title. This
presumption may be rebutted only by clear and convincing proof.'
Thus, the holder of title should be recognized as the owner of
the property except in extremely limited circumstances that are
beyond reasonable dispute.
"In recent years, state and local agencies have begun to
consider issues involving ownership of property and the
applicability of Evidence Code section 662 in proceedings before
these agencies has been questioned. The fact that a state or
local agency may not recognize the presumption in its
proceedings creates the very uncertainty in the marketplace that
Evidence Code section 662 was intended to prevent.
"The proposed legislation would make clear that Evidence Code
section 662 applies in all proceedings before California state
and local agencies. It would assure that the standards for
deciding ownership are applied consistently and uniformly."
AB 2226
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Traditionally, questions regarding ownership of property have
been addressed by the courts. California Evidence Code Section
662 creates a presumption in court proceedings that the title
holder will be recognized as the owner of the property, except
when there is unequivocal evidence to the contrary. This
presumption may be rebutted only by clear and convincing
evidence.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0003326