BILL ANALYSIS �
SB 1501
Page 1
SENATE THIRD READING
SB 1501 (Kehoe)
As Amended April 11, 2012
Majority vote
SENATE VOTE :29-0
LOCAL GOVERNMENT 9-0
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|Ayes:|Smyth, Alejo, Bradford, | | |
| |Campos, Davis, Gordon, | | |
| |Hueso, Knight, Norby | | |
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SUMMARY : Amends the Open Space Easement Act of 1975 (Act) to
require easement recordings to be consistent with current practices
by a County Recorder, and makes other technical and conforming
changes to the Act. Specifically, this bill :
1)Amends the Act to require, upon the acceptance of any instrument
creating an open-space easement, and upon the clerk of the
governing body recording the instrument in the office of the
county recorder and filing a copy with the assessor, that the
recording of the easement be consistent with the provisions of
existing law that require county recorders to maintain a
comprehensive index of conservation easements and Notice of
Conservation Easements on land within that county.
2)Requires the resolution made by the city or county, in order for
that city or county to accept a grant of an open-space easement,
to include several additional findings of why preserving open
space land is in the best interest of the state, county, city, or
city and county, as follows:
a) 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;
b) 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;
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c) The land lies within an established scenic highway corridor;
and,
d) The land is valuable to the public as a wildlife preserve or
sanctuary and the instrument contains appropriate covenants to
that end.
3)Makes other technical and conforming changes to the Act.
EXISTING LAW :
1)Defines "grant of an open-space easement" to mean 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 right is expressly reserved in the
instrument and except for public service facilities installed for
the benefit of the land subject to such covenant or public service
facilities installed pursuant to an authorization by the governing
body of the city or county or the Public Utilities Commission.
2)Provides that the execution and acceptance of an instrument shall
constitute a dedication to the public of the open-space character
of the lands for the term specified, and provides that any such
easement and covenant shall run for a term of not less than 20
years.
3)Provides that no instrument shall be effective until it has been
accepted by resolution of the governing body of the city or county
and its acceptance endorsed thereon.
4)Provides that no grant of an open-space easement shall be accepted
by a city or county, 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 city and county; and,
b) That the preservation of the land as open space is in the
best interest of the state, county, or city, and is important
to the public for the enjoyment of scenic beauty, for the use
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of natural resources, for recreation, or for the production of
food or fiber and specifically because one or more of the
following reasons exists:
i) It is likely that at some time the public may acquire
the land for a park or other public use;
ii) The land is unimproved and has scenic value to the
public as viewed from a public highway or from public or
private buildings;
iii) The retention of the land as open space will add to the
amenities of living in adjoining or neighboring urbanized
areas;
iv) The land lies in an area which 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;
v) 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;
vi) The land lies within an established scenic highway
corridor;
vii) The land is valuable to the public as a wildlife
preserve or sanctuary and the instrument contains appropriate
covenants to that end; and,
viii) The public interest will otherwise be served in a manner
recited in the resolution and consistent with the purposes of
existing law.
5)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 land within that county. The conservation easement
index developed and maintained pursuant to this subdivision shall
include all conservation easements recorded on and after January
1, 2002.
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6)Defines "conservation easement" to mean any limitation in a
recorded instrument that contains an easement, restriction,
covenant, condition, or offer to dedicate, which is or has been
executed by or on behalf of the owner of the land subject to that
limitation and is binding upon successive owners of the land.
7)Specifies that the purpose of a conservation easement is to retain
land predominantly in its natural, scenic, historical,
agricultural, forested, or open-space condition.
8)Requires on and after January 1, 2002, when a county recorder
records a new conservation easement affecting property within the
county, the county recorder to include the easement in the index
developed and maintained pursuant to existing law, as specified.
FISCAL EFFECT : None
COMMENTS : The Open Space Easement Act of 1974 allows cities,
counties, or a qualified non-profit conservation organization to
acquire open space easements from private landowners for open space
and resource conservation purposes. 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. The easement must also be consistent with the local
government's general plan. Once 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.
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.
This bill makes several changes to the Act, which has not been
amended or updated in 35 years. This bill requires that an open
space easement recording must be consistent with the current county
recorder practices (as specified above). Additionally the bill
requires a city or county to make additional findings in the
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resolution that the city or county's governing body must adopt prior
to accepting or approving an open-space easement grant. The bill
makes other technical and conforming changes to the Act that are
non-substantive in nature.
Support arguments: This bill updates the Act to make it consistent
with current policies for the recording of easements and provides a
necessary update to the Act.
Opposition arguments: None on file.
Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958
FN:
0004067