BILL NUMBER: SB 1501 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2012
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Kehoe
FEBRUARY 24, 2012
An act to amend Section 51087 of Sections
51051, 51053, 51054, 51055, 51059, 51084, and 5 1087 of,
and to repeal Section 51052 of, the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1501, as amended, Kehoe. Open-space easements.
(1) Existing law regulates the execution and acceptance of a grant
of an open-space easement, as defined. The execution and acceptance
of a grant of an open-space easement constitutes a dedication to the
public of the open-space character of the lands for the term
specified. Existing law provides that the easement and covenant run
for a term of not less than 20 years. Existing law authorizes an
open-space easement to contain a covenant against the extraction of
natural resources or other activities that may destroy the unique
physical and scenic characteristics of the land, as specified.
This bill would make technical, nonsubstantive changes to these
provisions.
(2) The Open-Space Easement Act of 1974 authorizes any county or
city that has an adopted open-space plan to accept or approve a grant
of an open-space easement, as defined, on privately owned lands
lying within the county or city in a specified manner for a term not
less than 10 years. Existing law authorizes a grant of an open-space
easement to be accepted only if the governing body, by resolution,
makes specified findings, including a finding that the preservation
of the land as open space is consistent with the general plan of the
county or city and that it is important to the public for a specified
purpose.
This bill would expand the purposes for which a governing body may
approve a grant of an open-space easement, as specified.
The Open-Space Easement Act of 1974
(3) Existing law 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, as defined,
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
existing law to be recorded consistent with the existing
indexing system maintained by the a
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 51051 of the
Government Code is amended to read:
51051. As used in this chapter, the following terms have the
following meanings:
"Grant
(a) "Grant of an open-space
easement" means a grant by an instrument whereby the owner
relinquishes to the public, either in perpetuity or for a term of
years, the right to construct improvements upon the land except as
may be expressly reserved in the instrument and which contains a
covenant with the city or county, running with the land, either in
perpetuity or for a term of years, not to construct or permit the
construction of any improvements, except as such
that right is expressly reserved in the instrument and
except for public service facilities installed for the benefit of the
land subject to such any covenant or
public service facilities installed pursuant to an authorization by
the governing body of the city or county or the Public Utilities
Commission.
Any such reservation shall be consistent with the purposes of this
chapter or with the findings of the county or city pursuant to
Section 51056 and shall not permit any action which
that will materially impair the open-space
character of the land.
(b) "Owner" means any lessee or trustee, if the expiration of the
lease or trust occurs at a time later than the expiration of the
easement or any extension thereof.
SEC. 2. Section 51052 of the Government
Code is repealed.
51052. For the purposes of this chapter, "owner" includes a
lessee or trustee, if the expiration of the lease or trust occurs at
a time later than the expiration of the easement or any extension
thereof.
SEC. 3. Section 51053 of the Government
Code is amended to read:
51053. The execution and acceptance of an instrument described in
subdivision (a) of Section 51051 shall constitute a
dedication to the public of the open-space character of the lands for
the term specified. Any such easement and covenant shall run for a
term of not less than 20 years.
SEC. 4. Section 51054 of the Government
Code is amended to read:
51054. An instrument described in subdivision (a) of
Section 51051 may contain, and the city or county in appropriate
cases may require that it contain, a covenant against the extraction
of natural resources or other activities which may destroy the unique
physical and scenic characteristics of the land or a covenant
against the cutting of timber, trees and other natural growth, except
as may be required for fire prevention, thinning, elimination of
diseased growth and similar protective measures, or for the harvest
of trees in a manner compatible with scenic purposes.
SEC. 5. Section 51055 of the Government
Code is amended to read:
51055. No An instrument described
in subdivision (a) of Section 51051 shall not
be effective until it has been accepted by resolution of the
governing body of the city or county and its acceptance endorsed
thereon.
SEC. 6. Section 51059 of the Government
Code is amended to read:
51059. Upon the acceptance 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 contract shall impart such the
notice thereof to all persons as is afforded by the recording
laws of this state.
SEC. 7. Section 51084 of the Government
Code is amended to read:
51084. No A grant of an open-space
easement shall not be accepted or approved by a county or
city, unless the governing body, by resolution, finds:
(a) That the preservation of the land as open space is consistent
with the general plan of the county or city; and
(b) That the preservation of the land as open space is in the best
interest of the state, county or
, city and , or city and county and is
important to the public for the enjoyment of scenic beauty, for the
use of natural resources, for recreation, or for the production of
food or fiber specifically because one or more of the following
reasons exists:
(1) That the land is essentially unimproved and if retained in its
natural state has either scenic value to the public, or is valuable
as a watershed or as a wildlife preserve, and the instrument contains
appropriate covenants to that end.
(2) It is in the public interest that the land be retained as open
space because such land either will add to the amenities of living
in neighboring urbanized areas or will help preserve the rural
character of the area in which the land is located.
(3) The land lies in an area that in the public interest should
remain rural in character and the retention of the land as open space
will preserve the rural character of the area.
(4) It is in the public interest that the land remain in its
natural state, including the trees and other natural growth, as a
means of preventing floods or because of its value as watershed.
(5) The land lies within an established scenic highway corridor.
(6) The land is valuable to the public as a wildlife preserve or
sanctuary and the instrument contains appropriate covenants to that
end.
(3)
(7) The public interest will otherwise be
served in a manner recited in the resolution and consistent with the
purposes of this subdivision and Section 8 of Article XIII of the
Constitution of the State of California.
The resolution of the governing body shall establish a conclusive
presumption that the conditions set forth in subdivisions (a) and (b)
have been satisfied.
SECTION 1. SEC. 8. 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 the recordation, the
easement shall impart notice thereof to all persons as is afforded by
the recording laws of this state.