BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1501|
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THIRD READING
Bill No: SB 1501
Author: Kehoe (D)
Amended: 4/11/12
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-0, 4/18/12
AYES: Wolk, DeSaulnier, Hancock, Hernandez, Kehoe, Liu
NO VOTE RECORDED: Dutton, Fuller, La Malfa
SUBJECT : Open-space easements
SOURCE : Author
DIGEST : This bill adds reasons why a local government
may accept or approve an open space easement grant, and
requires easement recordings be consistent with a County
Recorder's practices.
ANALYSIS : Under the Open Space Easement Act of 1974
(Act) (Government Code Section 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
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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 35 years ago. The author would like to make
easement recording practices consistent with current
record-keeping procedures.
I. Recording practices . County recorders must develop and
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.
This bill 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.
This bill adds reasons why preserving open space land is in
the best interest of the state, county, city, or city and
county:
1. 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.
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2. 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.
3. The land lies within an established scenic highway
corridor.
4. The land is valuable to the public as a wildlife
preserve or sanctuary and the instrument contains
appropriate covenants to that end.
Comments
1977 was the last time the Legislature updated the 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, this bill
provides a necessary update to the Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
AGB:kc 4/19/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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