BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 1501 HEARING: 4/18/12
AUTHOR: Kehoe FISCAL: No
VERSION: 4/11/12 TAX LEVY: No
CONSULTANT: Lui
MITIGATION OF LAND USE DECISIONS
Adds reasons why a local government may accept or approve
an open space easement grant. Requires easement recordings
be consistent with a County Recorder's practices.
Background and Existing Law
California's efforts to conserve agricultural and open
space lands rely on constitutional and statutory
foundations and the willing cooperation of affected
landowners and county officials. Under the Open Space
Easement Act of 1974 (Government Code �51070 et seq.),
cities, counties, or a qualified non-profit conservation
organization may acquire open space easements from private
landowners for open space and resource conservation
purposes. Open space or conservation easement lands are
"enforceably restricted," meaning property tax assessments
are based on easement restrictions rather than potential
development uses. Land must remain within an easement in
perpetuity or, alternatively, for at least ten years. To
qualify as an open space easement, a city or county must
first make findings that it is in the local government and
public's best interest to preserve land as open space.
Then, the easement must also be consistent with the local
government's general plan. If these requirements are met,
the city or county grants the open space easement, makes a
record with the county recorder, and files a copy of the
easement record with the county assessor. The Act was last
updated thirty-five years ago. The author would like to
make easement recording practices consistent with current
record-keeping procedures.
Proposed Law
I. Recording practices . County recorders must develop and
SB 1501 -- 4/11/12 -- Page 2
maintain a comprehensive index of conservation easements
and Notice of Conservation Easement on county lands. On or
after January 1, 2002, when a county recorder records a new
conservation easement affecting property within that
county, the recorder must include a specific notice in the
index. For conservation easements recorded prior to
January 1, 2002, any parties to conservation easements may
fill out and record a Notice of Conservation Easement in
the county in which the affected real property is located.
The standard fee charged by the county recorder for
recording the conservation easement document must include
funds to cover indexing costs. The conservation easement
index may be established using existing resources. Senate
Bill 1501 requires that an open space easement recording
must be consistent with a county recorder's practices.
II. Resolution findings . Before granting an open-space
easement, a county or city's governing body must find that
the preservation of land as open space is consistent with
the county or city's general plan and is in the best
interest of the county and city for one or more specific
reasons. SB 1501 adds reasons why preserving open space
land is in the best interest of the state, county, city, or
city and county:
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 help preserve
the rural character of the area.
It is in the public interest that the land remains
in its natural state, including the trees and other
natural growth, as a means of preventing floods or
because of its value as watershed.
The land lies within an established scenic highway
corridor.
The land is valuable to the public as a wildlife
preserve or sanctuary and the instrument contains
appropriate covenants to that end.
State Revenue Impact
No estimate.
Comments
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Purpose of the bill . In 1977, Governor Jerry Brown served
his second year in office, the last natural case of
smallpox was eradicated in Somalia, and Star Wars opened as
a smash hit in theaters. 1977 was also the last time the
Legislature updated California's Open Space Easement Act.
Because California is home to some of the most productive
farmland and diverse open spaces in the world, the
Legislature has been committed to open space preservation.
By requiring recording practices to be consistent with
existing law and providing additional reasons why a city or
county may create an open space easement, Senate Bill 1501
provides a necessary update to California's Open Space
Easement Act.
Support and Opposition (4/12/12)
Support : Unknown.
Opposition : Unknown.