BILL NUMBER: SB 1338 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kehoe
FEBRUARY 24, 2012
An act to amend Section 51087 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1338, as introduced, Kehoe. Open-space easements.
The Open-Space Easement Act of 1974 requires the clerk of the
governing board of a city or county, upon acceptance or approval of a
grant of an open-space easement on privately owned lands within a
city or county, to record the easement in the office of the county
recorder and file a copy of the easement with the county assessor, as
specified.
Existing law requires the county recorder in each county to
develop and maintain, within the existing indexing system, a
comprehensive index of conservation easements and notice of
conservation easement on lands within that county.
This bill would require an easement accepted or approved pursuant
to the Open-Space Easement Act of 1974 to be recorded consistent with
the indexing system maintained by the county recorder.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51087 of the Government Code is amended to
read:
51087. Upon the acceptance or approval of any instrument creating
an open-space easement the clerk of the governing body shall record
the same in the office of the county recorder and file a copy thereof
with the county assessor. The recording shall be consistent
with Section 27255. From and after the time of such
the recordation , such
the easement shall impart such
notice thereof to all persons as is afforded by the
recording laws of this state.