GOVERNMENT CODE

GOVERNMENT CODE
SECTION 51200-51207

51200.  This chapter shall be known as the California Land

Conservation Act of 1965 or as the Williamson Act.

51201.  As used in this chapter, unless otherwise apparent from the

context, the following terms have the following meanings:

   (a) "Agricultural commodity" means any and all plant and animal

products produced in this state for commercial purposes, including,

but not limited to, plant products used for producing biofuels.

   (b) "Agricultural use" means use of land, including but not

limited to greenhouses, for the purpose of producing an agricultural

commodity for commercial purposes.

   (c) "Prime agricultural land" means any of the following:

   (1) All land that qualifies for rating as class I or class II in

the Natural Resource Conservation Service land use capability

classifications.

   (2) Land which qualifies for rating 80 through 100 in the Storie

Index Rating.

   (3) Land which supports livestock used for the production of food

and fiber and which has an annual carrying capacity equivalent to at

least one animal unit per acre as defined by the United States

Department of Agriculture.

   (4) Land planted with fruit- or nut-bearing trees, vines, bushes,

or crops which have a nonbearing period of less than five years and

which will normally return during the commercial bearing period on an

annual basis from the production of unprocessed agricultural plant

production not less than two hundred dollars ($200) per acre.

   (5) Land which has returned from the production of unprocessed

agricultural plant products an annual gross value of not less than

two hundred dollars ($200) per acre for three of the previous five

years.

   (d) "Agricultural preserve" means an area devoted to either

agricultural use, as defined in subdivision (b), recreational use as

defined in subdivision (n), or open-space use as defined in

subdivision (o), or any combination of those uses and which is

established in accordance with the provisions of this chapter.

   (e) "Compatible use" is any use determined by the county or city

administering the preserve pursuant to Section 51231, 51238, or

51238.1 or by this act to be compatible with the agricultural,

recreational, or open-space use of land within the preserve and

subject to contract. "Compatible use" includes agricultural use,

recreational use or open-space use unless the board or council finds

after notice and hearing that the use is not compatible with the

agricultural, recreational or open-space use to which the land is

restricted by contract pursuant to this chapter.

   (f) "Board" means the board of supervisors of a county which

establishes or proposes to establish an agricultural preserve or

which enters or proposes to enter into a contract on land within an

agricultural preserve pursuant to this chapter.

   (g) "Council" means the city council of a city which establishes

or proposes to establish an agricultural preserve or which enters or

proposes to enter into a contract on land within an agricultural

preserve pursuant to this chapter.

   (h) Except where it is otherwise apparent from the context,

"county" or "city" means the county or city having jurisdiction over

the land.

   (i) A "scenic highway corridor" is an area adjacent to, and within

view of, the right-of-way of:

   (1) An existing or proposed state scenic highway in the state

scenic highway system established by the Legislature pursuant to

Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1

of the Streets and Highways Code and which has been officially

designated by the Department of Transportation as an official state

scenic highway; or

   (2) A county scenic highway established pursuant to Article 2.5

(commencing with Section 260) of Chapter 2 of Division 1 of the

Streets and Highways Code, if each of the following conditions have

been met:

   (A) The scenic highway is included in an adopted general plan of

the county or city; and

   (B) The scenic highway corridor is included in an adopted specific

plan of the county or city; and

   (C) Specific proposals for implementing the plan, including

regulation of land use, have been approved by the Advisory Committee

on a Master Plan for Scenic Highways, and the county or city highway

has been officially designated by the Department of Transportation as

an official county scenic highway.

   (j) A "wildlife habitat area" is a land or water area designated

by a board or council, after consulting with and considering the

recommendation of the Department of Fish and Game, as an area of

importance for the protection or enhancement of the wildlife

resources of the state.

   (k) A "saltpond" is an area which, for at least three consecutive

years immediately prior to being placed within an agricultural

preserve pursuant to this chapter, has been used for the solar

evaporation of seawater in the course of salt production for

commercial purposes.

   (l) A "managed wetland area" is an area, which may be an area

diked off from the ocean or any bay, river or stream to which water

is occasionally admitted, and which, for at least three consecutive

years immediately prior to being placed within an agricultural

preserve pursuant to this chapter, was used and maintained as a

waterfowl hunting preserve or game refuge or for agricultural

purposes.

   (m) A "submerged area" is any land determined by the board or

council to be submerged or subject to tidal action and found by the

board or council to be of great value to the state as open space.

   (n) "Recreational use" is the use of land in its agricultural or

natural state by the public, with or without charge, for any of the

following: walking, hiking, picnicking, camping, swimming, boating,

fishing, hunting, or other outdoor games or sports for which

facilities are provided for public participation. Any fee charged for

the recreational use of land as defined in this subdivision shall be

in a reasonable amount and shall not have the effect of unduly

limiting its use by the public. Any ancillary structures necessary

for a recreational use shall comply with the provisions of Section

51238.1.

   (o) "Open-space use" is the use or maintenance of land in a manner

that preserves its natural characteristics, beauty, or openness for

the benefit and enjoyment of the public, to provide habitat for

wildlife, or for the solar evaporation of seawater in the course of

salt production for commercial purposes, if the land is within:

   (1) A scenic highway corridor, as defined in subdivision (i).

   (2) A wildlife habitat area, as defined in subdivision (j).

   (3) A saltpond, as defined in subdivision (k).

   (4) A managed wetland area, as defined in subdivision (l).

   (5) A submerged area, as defined in subdivision (m).

   (6)  An area enrolled in the United States Department of

Agriculture Conservation Reserve Program or Conservation Reserve

Enhancement Program.

   (p) "Development" means, as used in Section 51223, the

construction of buildings or the use of the restricted property if

the buildings or use are unrelated to the agricultural use, the

open-space use, or uses compatible with either agricultural or

open-space uses of the property, or substantially impair the

agricultural, open-space, or a combination of the agricultural and

open-space uses of the property. Agricultural use, open-space use,

uses compatible with either agricultural or open-space uses, or the

acquisition of land or an interest in land are not development.

51203.  (a) The assessor shall determine the current fair market

value of the land as if it were free of the contractual restriction

pursuant to Section 51283. The Department of Conservation or the

landowner, also referred to in this section as "parties," may provide

information to assist the assessor to determine the value. Any

information provided to the assessor shall be served on the other

party, unless the information was provided at the request of the

assessor, and would be confidential under law if required of an

assessee.

   (b) Within 45 days of receiving the assessor's notice pursuant to

subdivision (a) of Section 51283 or Section 51283.4, if the

Department of Conservation or the landowner believes that the current

fair market valuation certified pursuant to subdivision (b) of

Section 51283 or Section 51283.4 is not accurate, the department or

the landowner may request formal review from the county assessor in

the county considering the petition to cancel the contract. The

department or the landowner shall submit to the assessor and the

other party the reasons for believing the valuation is not accurate

and the additional information the requesting party believes may

substantiate a recalculation of the property valuation. The assessor

may recover his or her reasonable costs of the formal review from the

party requesting the review, and may provide an estimate of those

costs to the requesting party. The recovery of these costs from the

department may be deducted by the city or county from cancellation

fees received pursuant to this chapter prior to transmittal to the

Controller for deposit in the Soil Conservation Fund. The assessor

may require a deposit from the landowner to cover the contingency

that payment of a cancellation fee will not necessarily result from

the completion of a formal review. This subdivision shall not be

construed as a limitation on the authority provided in Section 51287

for cities or counties to recover their costs in the cancellation

process, except that the assessor's costs of conducting a formal

review shall not be borne by the nonrequesting party.

   (1) If no request is made within 45 days of receiving notice by

certified mail of the valuation, the assessor's valuation shall be

used to calculate the fee.

   (2) Upon receiving a request for formal review, the assessor shall

formally review his or her valuation if, based on the determination

of the assessor, the information may have a material effect on

valuation of the property. The assessor shall notify the parties that

the formal review is being undertaken and that information to aid

the assessor's review shall be submitted within 30 days of the date

of the notice to the parties. Any information submitted to the

assessor shall be served on the other party who shall have 30 days to

respond to that information to the assessor. If the response to the

assessor contains new information, the party receiving that response

shall have 20 days to respond to the assessor as to the new

information. All submittals and responses to the assessor shall be

served on the other party by personal service or an affidavit of

mailing. The assessor shall avoid ex parte contacts during the formal

review and shall report any such contacts to the department and the

landowner at the same time the review is complete. The assessor shall

complete the review no later than 120 days of receiving the request.

   (3) At the conclusion of the formal review, the assessor shall

either revise the cancellation valuation or determine that the

original cancellation valuation is accurate. The assessor shall send

the revised valuation or notice of the determination that the

valuation is accurate to the department, the landowner, and the board

or council considering the petition to cancel the contract. The

assessor shall include a brief narrative of what consideration was

given to the items of information and responses directly relating to

the cancellation value submitted by the parties. The assessor shall

give no consideration to a party's information or response that was

not served on the other party. If the assessor denies a formal

review, a brief narrative shall be provided to the parties indicating

the basis for the denial, if requested.

   (c) For purposes of this section, the valuation date of any

revised valuation pursuant to formal review or following judicial

challenge shall remain the date of the assessor's initial valuation,

or his or her initial recomputation pursuant to Section 51283.4. For

purposes of cancellation fee calculation in a tentative cancellation

as provided in Section 51283, or in a recomputation for final

cancellation as provided in Section 51283.4, a cancellation value

shall be considered current for one year after its determination and

certification by the assessor.

   (d) Notwithstanding any other provision of this section, the

department and the landowner may agree on a cancellation valuation of

the land. The agreed valuation shall serve as the cancellation

valuation pursuant to Section 51283 or Section 51283.4. The agreement

shall be transmitted to the board or council considering the

petition to cancel the contract.

   (e) This section represents the exclusive administrative procedure

for appealing a cancellation valuation calculated pursuant to this

section. The Department of Conservation shall represent the interests

of the state in the administrative and judicial remedies for

challenging the determination of a cancellation valuation or

cancellation fee.

51205.  Notwithstanding any provisions of this chapter to the

contrary, land devoted to recreational use or land within a scenic

highway corridor, a wildlife habitat area, a saltpond, a managed

wetland area, or a submerged area may be included within an

agricultural preserve pursuant to this chapter. When such land is

included within an agricultural preserve, the city or county within

which it is situated may contract with the owner for the purpose of

restricting the land to recreational or open space use and uses

compatible therewith in the same manner as provided in this chapter

for land devoted to agricultural use. For purposes of this section,

where the term "agricultural land" is used in this chapter, it shall

be deemed to include land devoted to recreational use and land within

a scenic highway corridor, a wildlife habitat area, a saltpond, a

managed wetland area, or a submerged area, and where the term

"agricultural use" is used in this chapter, it shall be deemed to

include recreational and open space use.

51205.1.  Notwithstanding any provisions of this chapter to the

contrary, land within a scenic highway corridor, as defined in

subdivision (i) of Section 51201, shall, upon the request of the

owner, be included in an agricultural preserve pursuant to this

chapter. When such land is included within an agricultural preserve,

the city or county within which it is situated shall contract with

the owner for the purpose of restricting the land to agricultural use

as defined in subdivision (b), recreational use as defined in

subdivision (n), open-space use as defined in subdivision (o),

compatible use as defined in subdivision (e), or any combination of

such uses.

51206.  The Department of Conservation may meet with and assist

local, regional, state, and federal agencies, organizations,

landowners, or any other person or entity in the interpretation of

this chapter. The department may research, publish, and disseminate

information regarding the policies, purposes, procedures,

administration, and implementation of this chapter. This section

shall be liberally construed to permit the department to advise any

interested person or entity regarding this chapter.

51207.  (a) On or before May 1 of every other year, the Department

of Conservation shall report to the Legislature regarding the

implementation of this chapter by cities and counties.

   (b) The report shall contain, but not be limited to, the number of

acres of land under contract in each category and the number of

acres of land which were removed from contract through cancellation,

eminent domain, annexation, or nonrenewal.

   (c) The report shall also contain the following specific

information relating to not less than one-third of all cities and

counties participating in the Williamson Act program:

   (1) The number of contract cancellation requests for which notices

of hearings were mailed to the Director of Conservation pursuant to

Section 51284 which were approved by boards or councils during the

prior two years or for which approval is still pending by boards or

councils.

   (2) The amount of cancellation fees payable to the county

treasurer as deferred taxes and which are required to be transmitted

to the Controller pursuant to subdivision (d) of Section 51283 which

have not been collected or which remain unpaid.

   (3) The total number of acres covered by certificates of

cancellation of contracts during the previous two years.

   (4) The number of nonrenewal and withdrawal of renewal notices

received pursuant to Section 51245 and the number of expiration

notices received pursuant to Section 51246 during the previous two

years.

   (5) The number of acres covered by nonrenewal notices that were

not withdrawn and expiration notices during the previous two years.

   (d) The department may recommend changes to this chapter which

would further promote its purposes.

   (e) The Legislature may, upon request of the department,

appropriate funds from the deferred taxes deposited in the General

Fund pursuant to subdivision (d) of Section 51283 in an amount

sufficient to prepare the report required by this section.

SECTION 51220-51223

51220. The Legislature finds: (a) That the preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state's economic resources, and is necessary not only to the maintenance of the agricultural economy of the state, but also for the assurance of adequate, healthful and nutritious food for future residents of this state and nation. (b) That the agricultural work force is vital to sustaining agricultural productivity; that this work force has the lowest average income of any occupational group in this state; that there exists a need to house this work force of crisis proportions which requires including among agricultural uses the housing of agricultural laborers; and that such use of agricultural land is in the public interest and in conformity with the state's Farmworker Housing Assistance Plan. (c) That the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unnecessarily increase the costs of community services to community residents. (d) That in a rapidly urbanizing society agricultural lands have a definite public value as open space, and the preservation in agricultural production of such lands, the use of which may be limited under the provisions of this chapter, constitutes an important physical, social, esthetic and economic asset to existing or pending urban or metropolitan developments. (e) That land within a scenic highway corridor or wildlife habitat area as defined in this chapter has a value to the state because of its scenic beauty and its location adjacent to or within view of a state scenic highway or because it is of great importance as habitat for wildlife and contributes to the preservation or enhancement thereof. (f) For these reasons, this chapter is necessary for the promotion of the general welfare and the protection of the public interest in agricultural land.

51220.5. The Legislature finds and declares that agricultural operations are often hindered or impaired by uses which increase the density of the permanent or temporary human population of the agricultural area. For this reason, cities and counties shall determine the types of uses to be deemed "compatible uses" in a manner which recognizes that a permanent or temporary population increase often hinders or impairs agricultural operations.

51221. The Legislature further declares that the expenditure of public funds under the provisions of this chapter is in the public interest and is necessary to the accomplishment of the purposes herein set forth.

51222. The Legislature further declares that it is in the public interest for local officials and landowners to retain agricultural lands which are subject to contracts entered into pursuant to this

act in parcels large enough to sustain agricultural uses permitted under the contracts. For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is (1) at least 10 acres in size in the case of prime agricultural land, or (2) at least 40 acres in size in the case of land which is not prime agricultural land.

51223. (a) A city council or board of supervisors, as the case may be, shall, prior to rescinding a contract for the purpose of restricting the same land by an open-space contract pursuant to Section 51254 or by entering to an open-space agreement pursuant to Section 51255, determine that the parcel or parcels are large enough to provide open-space benefits, by providing habitat for wildlife, or preserving its natural characteristics, beauty, or openness for the benefit and enjoyment of the public. (b) Uses or development permitted on land subject to an open-space contract, or subject to an open-space easement agreement pursuant to Section 51255, shall satisfy one or both of the following: (1) Comply with the provisions of Section 51238.1 or 51238.2. (2) Consist of, cause, facilitate, or benefit one or more open-space uses on the land. (c) If an open-space contract is executed pursuant to Section 51205, or if a contract is rescinded for the purpose of restricting the same land by an open-space contract pursuant to Section 51254, or an open-space easement agreement pursuant to Section 51255, either of the following shall apply: (1) The resulting open-space contract shall not permit new development during the period the contract is in effect, except that uses compatible with or related to the open-space uses would be permitted. (2) The resulting open-space easement agreement shall not permit new development during the time equal to the time remaining on the contract at the time of its rescission, except that uses compatible with, or related to, the open-space uses would be permitted. (d) For the purposes of this section, agriculture and uses compatible with agriculture are compatible with open-space uses, unless otherwise provided by local rules or ordinances. (e) A board or council shall not accept or approve a petition for rescission pursuant to Sections 51254 or 51255 if the city or county, within which the land for which the rescission is sought is located, has discovered or received notice of a likely material breach on the land pursuant to the process specified in Section 51250, unless the rescission is a part of the process specified in Section 51250.

SECTION 51230-51239

51230.  Beginning January 1, 1971, any county or city having a

general plan, and until December 31, 1970, any county or city, by

resolution, and after a public hearing may establish an agricultural

preserve. Notice of the hearing shall be published pursuant to

Section 6061, and shall include a legal description, or the assessor'

s parcel number, of the land which is proposed to be included within

the preserve. The preserves shall be established for the purpose of

defining the boundaries of those areas within which the city or

county will be willing to enter into contracts pursuant to this act.

An agricultural preserve shall consist of no less than 100 acres;

provided, that in order to meet this requirement two or more parcels

may be combined if they are contiguous or if they are in common

ownership; and further provided, that in order to meet this

requirement land zoned as timberland production pursuant to Chapter

6.7 (commencing with Section 51100) may be taken into account.

   A county or city may establish agricultural preserves of less than

100 acres if it finds that smaller preserves are necessary due to

the unique characteristics of the agricultural enterprises in the

area and that the establishment of preserves of less than 100 acres

is consistent with the general plan of the county or city.

   An agricultural preserve may contain land other than agricultural

land, but the use of any land within the preserve and not under

contract shall within two years of the effective date of any contract

on land within the preserve be restricted by zoning, including

appropriate minimum parcel sizes that are at a minimum consistent

with this chapter, in such a way as not to be incompatible with the

agricultural use of the land, the use of which is limited by contract

in accordance with this chapter.

   Failure on the part of the board or council to restrict the use of

land within a preserve but not subject to contract shall not be

sufficient reason to cancel or otherwise invalidate a contract.

51230.1.  (a) Nothing contained in this chapter shall prevent the

transfer of ownership from one immediate family member to another of

a portion of land which is currently designated as an agricultural

preserve in accordance with the provisions of this chapter, if all of

the following conditions are satisfied:

   (1) The parcel to be transferred is at least 10 acres in size in

the case of prime agricultural land or at least 40 acres in size in

the case of land which is not prime agricultural land, and otherwise

meets the requirements of Section 51222.

   (2) The parcel to be transferred conforms to the applicable local

zoning and land division ordinances and any applicable local coastal

program certified pursuant to Chapter 6 (commencing with Section

30500) of Division 20 of the Public Resources Code.

   (3) The parcel to be transferred complies with all applicable

requirements relating to agricultural income and permanent

agricultural improvements which are imposed by the county or city as

a condition of a contract executed pursuant to Article 3 (commencing

with Section 51240) covering the land of which the parcel to be

transferred is a portion. For purposes of this paragraph, if the

contracted land already complies with these requirements, the portion

of that land to be transferred shall be deemed to comply with these

requirements.

   (4) There exists a written agreement between the immediate family

members who are parties to the proposed transfer that the land which

is subject to a contract executed pursuant to Article 3 (commencing

with Section 51240) and the portion of that land which is to be

transferred will be operated under the joint management of the

parties subject to the terms and conditions and for the duration of

the contract executed pursuant to Article 3 (commencing with Section

51240).

   (b) A transfer of ownership described in subdivision (a) shall

have no effect on any contract executed pursuant to Article 3

(commencing with Section 51240) covering the land of which a portion

was the subject of that transfer. The portion so transferred shall

remain subject to that contract.

   (c) For purposes of this section, "immediate family" means the

spouse of the landowner, the natural or adopted children of the

landowner, the parents of the landowner, or the siblings of the

landowner.

51230.2.  (a) Except as provided in Section 51238, and

notwithstanding Section 51222 or 66474.4, a landowner may subdivide

land that is currently designated as an agricultural preserve if all

of the following apply:

   (1) The parcel to be sold or leased is no more than five acres.

   (2) The parcel shall be sold or leased to a nonprofit

organization, a city, a county, a housing authority, or a state

agency. A lessee that is a nonprofit organization shall not sublease

that parcel without the written consent of the landowner.

   (3) The parcel to be sold or leased shall be subject to a deed

restriction that limits the use of the parcel to agricultural laborer

housing facilities for not less than 30 years. That deed restriction

shall also require that parcel to be merged with the parcel from

which it was subdivided when the parcel ceases to be used for

agricultural laborer housing.

   (4) There is a written agreement between the parties to the sale

or lease and their successors to operate the parcel to be sold or

leased under joint management of the parties, subject to the terms

and conditions and for the duration of the contract executed pursuant

to Article 3 (commencing with Section 51240).

   (5) The parcel to be sold or leased is (A) within a city or (B) in

an unincorporated territory or sphere of influence that is

contiguous to one or more parcels that are already zoned residential,

commercial, or industrial and developed with existing residential,

commercial, or industrial uses.

   (b) The agricultural labor housing project shall be designed to

abate, to the extent practicable, impacts on adjacent landowners'

agricultural husbandry practices. The final plan for the housing

shall include an addendum that explains what features will be

included to meet this goal.

   (c) A subdivision of land pursuant to this section shall not

affect any contract executed pursuant to Article 3 (commencing with

Section 51240). The parcel to be sold or leased shall remain subject

to that contract.

51231.  For the purposes of this chapter, the board or council, by

resolution, shall adopt rules governing the administration of

agricultural preserves, including procedures for initiating, filing,

and processing requests to establish agricultural preserves. Rules

related to compatible uses shall be consistent with the provisions of

Section 51238.1. Those rules shall be applied uniformly throughout

the preserve. The board or council may require the payment of a

reasonable application fee. The same procedure that is required to

establish an agricultural preserve shall be used to disestablish or

to enlarge or diminish the size of an agricultural preserve. In

adopting rules related to compatible uses, the board or council may

enumerate those uses, including agricultural laborer housing which

are to be considered to be compatible uses on contracted lands

separately from those uses which are to be considered to be

compatible uses on lands not under contract within the agricultural

preserve.

51232.  In the event any proposal to disestablish or to alter the

boundary of an agricultural preserve will remove land under contract

from such a preserve, notice of the proposed alteration or

disestablishment and the date of the hearing shall be furnished by

the board or council to the owner of the land by certified mail

directed to him at his latest address known to the board or council.

Such notice shall also be published pursuant to Section 6061 and

shall be furnished by first-class mail to each owner of land under

contract, any portion of which is situated within one mile of the

exterior boundary of the land to be removed from the preserve.

51233.  When a county proposes to establish, disestablish, or alter

the boundary of an agricultural preserve it shall give written notice

at least two weeks before the hearing to the local agency formation

commission and to every city within the county within one mile of the

exterior boundaries of the preserve.

51234.  Any proposal to establish an agricultural preserve shall be

submitted to the planning department of the county or city having

jurisdiction over the land. If the county or city has no planning

department, a proposal to establish an agricultural preserve shall be

submitted to the planning commission. Within 30 days after receiving

such a proposal, the planning department or planning commission

shall submit a report thereon to the board or council. However, the

board or council may extend the time allowed for an additional period

not to exceed 30 days.

   The report shall include a statement that the preserve is

consistent with the general plan, and the board or council shall make

a finding to that effect. Final action upon the establishment of an

agricultural preserve may not be taken by the board or council until

the report required by this section is received from the planning

department or planning commission, or until the required 30 days have

elapsed and any extension thereof granted by the board or council

has elapsed.

51235.  An agricultural preserve shall continue in full effect

following annexation, detachment, incorporation or disincorporation

of land within the preserve.

   Any city or county acquiring jurisdiction over land in a preserve

by annexation, detachment, incorporation or disincorporation shall

have all the rights and responsibilities specified in this act for

cities or counties including the right to enlarge, diminish or

disestablish an agricultural preserve within its jurisdiction.

51236.  The effect of removal of land under contract from an

agricultural preserve shall be the equivalent of notice of nonrenewal

by the city or county removing the land from the agricultural

preserve and such city or county shall, at least 60 days prior to the

next renewal date following the removal, serve a notice of

nonrenewal as provided in Section 51245. Such notice of nonrenewal

shall be recorded as provided in Section 51248.

51237.  Whenever an agricultural preserve is established, and so

long as it shall be in effect, a map of such agricultural preserve

and the resolution under which the preserve was established shall be

filed and kept current by the city or county with the county

recorder.

51237.5.  On or before the first day of September of each year, each

city or county in which any agricultural preserve is located shall

file with the Director of Conservation a map of each city or county

and designate thereon all agricultural preserves in existence at the

end of the preceding fiscal year.

51238.  (a) (1) Notwithstanding any determination of compatible uses

by the county or city pursuant to this article, unless the board or

council after notice and hearing makes a finding to the contrary, the

erection, construction, alteration, or maintenance of gas, electric,

water, communication, or agricultural laborer housing facilities are

hereby determined to be compatible uses within any agricultural

preserve.

   (2) No land occupied by gas, electric, water, communication, or

agricultural laborer housing facilities shall be excluded from an

agricultural preserve by reason of that use.

   (b) The board of supervisors may impose conditions on lands or

land uses to be placed within preserves to permit and encourage

compatible uses in conformity with Section 51238.1, particularly

public outdoor recreational uses.

51238.1.  (a) Uses approved on contracted lands shall be consistent

with all of the following principles of compatibility:

   (1) The use will not significantly compromise the long-term

productive agricultural capability of the subject contracted parcel

or parcels or on other contracted lands in agricultural preserves.

   (2) The use will not significantly displace or impair current or

reasonably foreseeable agricultural operations on the subject

contracted parcel or parcels or on other contracted lands in

agricultural preserves. Uses that significantly displace agricultural

operations on the subject contracted parcel or parcels may be deemed

compatible if they relate directly to the production of commercial

agricultural products on the subject contracted parcel or parcels or

neighboring lands, including activities such as harvesting,

processing, or shipping.

   (3) The use will not result in the significant removal of adjacent

contracted land from agricultural or open-space use.

   In evaluating compatibility a board or council shall consider the

impacts on noncontracted lands in the agricultural preserve or

preserves.

   (b) A board or council may include in its compatible use rules or

ordinance conditional uses which, without conditions or mitigations,

would not be in compliance with this section. These conditional uses

shall conform to the principles of compatibility set forth in

subdivision (a) or, for nonprime lands only, satisfy the requirements

of subdivision (c).

   (c) In applying the criteria pursuant to subdivision (a), the

board or council may approve a use on nonprime land which, because of

onsite or offsite impacts, would not be in compliance with

paragraphs (1) and (2) of subdivision (a), provided the use is

approved pursuant to a conditional use permit that shall set forth

findings, based on substantial evidence in the record, demonstrating

the following:

   (1) Conditions have been required for, or incorporated into, the

use that mitigate or avoid those onsite and offsite impacts so as to

make the use consistent with the principles set forth in paragraphs

(1) and (2) of subdivision (a) to the greatest extent possible while

maintaining the purpose of the use.

   (2) The productive capability of the subject land has been

considered as well as the extent to which the use may displace or

impair agricultural operations.

   (3) The use is consistent with the purposes of this chapter to

preserve agricultural and open-space land or supports the

continuation of agricultural uses, as defined in Section 51205, or

the use or conservation of natural resources, on the subject parcel

or on other parcels in the agricultural preserve. The use of mineral

resources shall comply with Section 51238.2.

   (4) The use does not include a residential subdivision.

   For the purposes of this section, a board or council may define

nonprime land as land not defined as "prime agricultural land"

pursuant to subdivision (c) of Section 51201 or as land not

classified as "agricultural land" pursuant to subdivision (a) of

Section 21060.1 of the Public Resources Code.

   Nothing in this section shall be construed to overrule, rescind,

or modify the requirements contained in Sections 51230 and 51238

related to noncontracted lands within agricultural preserves.

51238.2.  Mineral extraction that is unable to meet the principles

of Section 51238.1 may nevertheless be approved as compatible use if

the board or council is able to document that (a) the underlying

contractual commitment to preserve prime agricultural land, as

defined in subdivision (c) of Section 51201, or (b) the underlying

contractual commitment to preserve land that is not prime

agricultural land for open-space use, as defined in subdivision (o)

of Section 51201, will not be significantly impaired.

   Conditions imposed on mineral extraction as a compatible use of

contracted land shall include compliance with the reclamation

standards adopted by the Mining and Geology Board pursuant to Section

2773 of the Public Resources Code, including the applicable

performance standards for prime agricultural land and other

agricultural land, and no exception to these standards may be

permitted.

   For purposes of this section, "contracted land" means all land

under a single contract for which an applicant seeks a compatible use

permit.

51238.3.  (a) The requirements of Sections 51238.1 and 51238.2 shall

not apply to compatible uses for which an application was submitted

to the city or county prior to June 7, 1994, provided that the use

constituted a "compatible use" as that term was defined by this

chapter either at the time the application was submitted, or at the

time the Williamson Act contract was signed with respect to the

subject contract lands, whichever is later.

   (b) Neither shall the requirements of Sections 51238.1 and 51238.2

apply to land uses of contracted lands in place prior to June 7,

1994, that constituted a "compatible use" as the term "compatible use"

was defined by this chapter either at the time the use was

initiated, or at the time the Williamson Act contract was signed with

respect to the subject contract lands, whichever is later.

   (c) (1) Neither shall the requirements of Sections 51238.1 and

51238.2 apply to uses that are expressly specified within the

contract itself prior to June 7, 1994, and that constituted a

"compatible use" as the term "compatible use" was defined by this

chapter at the time that Williamson Act contract was signed with

respect to the subject contract lands, or at the time the contract

was amended to include the uses, whichever is later. For purposes of

this subdivision, the requirements of Sections 51238.1 and 51238.2,

effective January 1, 1995, shall apply to contracts for which

contract nonrenewal was initiated and was withdrawn after January 1,

1995.

   (2) For purposes of this chapter, a compatible use is considered

to be expressly specified within the contract only if it is

specifically enumerated within the four corners of the Williamson Act

contract either without the benefit of referenced documents, or with

respect to Williamson Act contracts signed on or before June 7,

1997, with the benefit of referenced documents as those documents

existed at the time the Williamson Act contract was initially signed.

This subdivision shall be narrowly construed to be consistent with

the purposes of this chapter.

51238.5.  (a) If an owner of land agrees to permit the use of his or

her land for free public recreation, the board or council may agree

to indemnify the owner against all claims arising from that public

use. The owner's agreement that the land be used for free, public

recreation shall not be construed as an implied dedication to that

use.

   (b) If an owner of land agrees to permit the use of his or her

land for agricultural laborer housing facilities authorized pursuant

to Section 51238, the city, county, housing authority, state agency,

or nonprofit organization may indemnify the owner against all claims

arising from that use.

51239.  The board or council may appoint an advisory board, the

members of which shall serve at the pleasure of the board or council

and may be paid their expenses. They shall advise the board or

council on the administration of the agricultural preserves in the

county or city and on any matters relating to contracts entered into

pursuant to this chapter.

SECTION 51240-51257

51240.  Any city or county may by contract limit the use of

agricultural land for the purpose of preserving such land pursuant

and subject to the conditions set forth in the contract and in this

chapter. A contract may provide for restrictions, terms, and

conditions, including payments and fees, more restrictive than or in

addition to those required by this chapter.

51241.  If such a contract is made with any landowner, the city or

county shall offer such a contract under similar terms to every other

owner of agricultural land within the agricultural preserve in

question.

   However, except as required by other provisions of this chapter,

the provisions of this section shall not be construed as requiring

that all contracts affecting land within a preserve be identical, so

long as such differences as exist are related to differences in

location and characteristics of the land and are pursuant to uniform

rules adopted by the county or city.

51242.  No city or county may contract with respect to any land

pursuant to this chapter unless the land:

   (a) Is devoted to agricultural use.

   (b) Is located within an area designated by a city or county as an

agricultural preserve.

51243.  Every contract shall do both of the following:

   (a) Provide for the exclusion of uses other than agricultural, and

other than those compatible with agricultural uses, for the duration

of the contract.

   (b) Be binding upon, and inure to the benefit of, all successors

in interest of the owner. Whenever land under a contract is divided,

the owner of any parcel may exercise, independent of any other owner

of a portion of the divided land, any of the rights of the owner in

the original contract, including the right to give notice of

nonrenewal and to petition for cancellation. The effect of any such

action by the owner of a parcel created by the division of land under

contract shall not be imputed to the owners of the remaining parcels

and shall have no effect on the contract as it applies to the

remaining parcels of the divided land. Except as provided in Section

51243.5, on and after the effective date of the annexation by a city

of any land under contract with a county, the city shall succeed to

all rights, duties, and powers of the county under the contract.

51243.5.  (a) This section shall apply only to land that was within

one mile of a city boundary when a contract was executed pursuant to

this article and for which the contract was executed prior to January

1, 1991.

   (b) For any proposal that would result in the annexation to a city

of any land that is subject to a contract under this chapter, the

local agency formation commission shall determine whether the city

may exercise its option to not succeed to the rights, duties, and

powers of the county under the contract.

   (c) In making the determination required by subdivision (b),

pursuant to Section 51206, the local agency formation commission may

request, and the Department of Conservation shall provide, advice and

assistance in interpreting the requirements of this section. If the

department has concerns about an action proposed to be taken by a

local agency formation commission pursuant to this section or Section

51243.6, the department shall advise the commission of its concerns,

whether or not the commission has requested it to do so. The

commission shall address the department's concerns in any hearing to

consider the proposed annexation or a city's determination whether to

exercise its option not to succeed to a contract, and shall

specifically find that substantial evidence exists to show that the

city has the present option under this section to decline to succeed

to the contract.

   (d) A city may exercise its option to not succeed to the rights,

duties, and powers of the county under the contract if both of the

following had occurred prior to December 8, 1971:

   (1) The land being annexed was within one mile of the city's

boundary when the contract was executed.

   (2) The city had filed with the county board of supervisors a

resolution protesting the execution of the contract.

   (e) A city may exercise its option to not succeed to the rights,

duties, and powers of the county under the contract if each of the

following had occurred prior to January 1, 1991:

   (1) The land being annexed was within one mile of the city's

boundary when the contract was executed.

   (2) The city had filed with the local agency formation commission

a resolution protesting the execution of the contract.

   (3) The local agency formation commission had held a hearing to

consider the city's protest to the contract.

   (4) The local agency formation commission had found that the

contract would be inconsistent with the publicly desirable future use

and control of the land.

   (5) The local agency formation commission had approved the city's

protest.

   (f) It shall be conclusively presumed that no protest was filed by

the city unless there is a record of the filing of the protest and

the protest identifies the affected contract and the subject parcel.

It shall be conclusively presumed that required notice was given

before the execution of the contract.

   (g) The option of a city to not succeed to a contract shall extend

only to that part of the land that was within one mile of the city's

boundary when the contract was executed.

   (h) If the city exercises its option to not succeed to a contract,

then the city shall record a certificate of contract termination

with the county recorder at the same time as the executive officer of

the local agency formation commission files the certificate of

completion pursuant to Section 57203. The certificate of contract

termination shall include a legal description of the land for which

the city terminates the contract.

51243.6.  The Legislature finds and declares the following:

   (a) The enforceability of contracts entered into pursuant to this

article is necessary to permit the preferential taxation provided to

the owners of land under contract, pursuant to Section 8 of Article

XIII of the California Constitution.

   (b) The option granted to a city pursuant to Section 51243.5 to

elect not to succeed to a contract may be held only by the city.

   (c) No contracting landowner has a reasonable expectation that a

contract can be terminated immediately pursuant to this article

without penalty.

51244.  Each contract shall be for an initial term of no less than

10 years. Each contract shall provide that on the anniversary date of

the contract or such other annual date as specified by the contract

a year shall be added automatically to the initial term unless notice

of nonrenewal is given as provided in Section 51245.

51244.5.  Notwithstanding the provisions of Section 51244, if the

initial term of the contract is for more than 10 years, the contract

may provide that on the anniversary date of the contract or such

other annual date as specified by the contract beginning with the

anniversary date on which the contract will have an unexpired term of

nine years, a year shall be added automatically to the initial term

unless notice of nonrenewal is given as provided in Section 51245.

51245.  If either the landowner or the city or county desires in any

year not to renew the contract, that party shall serve written

notice of nonrenewal of the contract upon the other party in advance

of the annual renewal date of the contract. Unless such written

notice is served by the landowner at least 90 days prior to the

renewal date or by the city or county at least 60 days prior to the

renewal date, the contract shall be considered renewed as provided in

Section 51244 or Section 51244.5.

   Upon receipt by the owner of a notice from the county or city of

nonrenewal, the owner may make a written protest of the notice of

nonrenewal. The county or city may, at any time prior to the renewal

date, withdraw the notice of nonrenewal. Upon request by the owner,

the board or council may authorize the owner to serve a notice of

nonrenewal on a portion of the land under a contract.

   Within 30 days of the receipt of a notice of nonrenewal from a

landowner, the service of a notice of nonrenewal upon a landowner, or

the withdrawal of a notice of nonrenewal, the city or county shall

deliver a copy of the notice or a notice of withdrawal of nonrenewal

to the Director of Conservation.

   No later than 20 days after a city or county receives a notice of

nonrenewal from a landowner, serves a notice of nonrenewal upon a

landowner, or withdraws a notice of nonrenewal, the clerk of the

board or council, as the case may be, shall record with the county

recorder a copy of the notice of nonrenewal or notice of withdrawal

of nonrenewal.

51246.  (a) If the county or city or the landowner serves notice of

intent in any year not to renew the contract, the existing contract

shall remain in effect for the balance of the period remaining since

the original execution or the last renewal of the contract, as the

case may be. Within 30 days of the expiration of the contract, the

county or city shall deliver a notice of expiration to the Director

of Conservation.

   (b) No city or county shall enter into a new contract or shall

renew an existing contract on or after February 28, 1977, with

respect to timberland zoned as timberland production. The city or

county shall serve notice of its intent not to renew the contract as

provided in this section.

   (c) In order to meet the minimum acreage requirement of an

agricultural preserve pursuant to Section 51230, land formerly within

the agricultural preserve which is zoned as timberland production

pursuant to Chapter 6.7 (commencing with Section 51100) may be taken

into account.

   (d) Notwithstanding any other provision of law, commencing with

the lien date for the 1977-78 fiscal year all timberland within an

existing contract which has been nonrenewed as mandated by this

section shall be valued according to Section 423.5 of the Revenue and

Taxation Code, succeeding to and including the lien date for the

1981-82 fiscal year. Commencing with the lien date for the 1982-83

fiscal year and on each lien date thereafter, such timberland shall

be valued according to Section 434.5 of the Revenue and Taxation

Code.

51247.  The landowner shall furnish the city or county with such

information as the city or county shall require in order to enable it

to determine the eligibility of the land involved.

51248.  No later than 20 days after a city or county enters into a

contract with a landowner pursuant to this chapter, the clerk of the

board or council, as the case may be, shall record with the county

recorder a copy of the contract, which shall describe the land

subject thereto, together with a reference to the map showing the

location of the agricultural preserve in which the property lies.

From and after the time of such recordation such contract shall

impart such notice thereof to all persons as is afforded by the

recording laws of this state.

51248.5.  Whenever any city or county is required to record any

contract by this chapter, it may file a fictitious contract.

Thereafter, any of the provisions of such fictitious contract may be

included by reference in any contract required to be filed by this

chapter. The provisions of Section 2952 of the Civil Code relating to

the filing, indexing, and force and effect of fictitious mortgages

shall be applicable to such fictitious contracts.

51249.  Within 30 days after a form of contract is first used, the

clerk of the board or council shall file with the Director of

Conservation a sample copy of each form of contract and any land use

restrictions applicable thereto.

51250.  (a) The purpose of this section is to identify certain

structures that constitute material breaches of contract under this

chapter and to provide an alternate remedy to a contract cancellation

petition by the landowner. Accordingly, this remedy is in addition

to any other available remedies for breach of contract. Except as

expressly provided in this section, this section is not intended to

change the existing land use decisionmaking and enforcement authority

of cities and counties including the authority conferred upon them

by this chapter to administer agricultural preserves and contracts.

   (b) For purposes of this section, a breach is material if, on a

parcel under contract, both of the following conditions are met:

   (1) A commercial, industrial, or residential building is

constructed that is not allowed by this chapter or the contract,

local uniform rules or ordinances consistent with the provisions of

this chapter, and that is not related to an agricultural use or

compatible use.

   (2) The total area of all of the building or buildings likely

causing the breach exceeds 2,500 square feet for either of the

following:

   (A) All property subject to any contract or all contiguous

property subject to a contract or contracts owned by the same

landowner or landowners on January 1, 2004.

   (B) All property subject to a contract entered into after January

1, 2004, covering property not subject to a contract on January 1,

2004.

   For purposes of this subdivision any additional parcels not

specified in the legal description that accompanied the contract, as

it existed prior to January 1, 2003, including any parcel created or

recognized within an existing contract by subdivision, deed,

partition, or, pursuant to Section 66499.35, by certificate of

compliance, shall not increase the limitation of this subdivision.

   (c) The department shall notify the city or county if the

department discovers a possible breach.

   (d) The city or county shall, upon notification by the department

or upon discovery by the city or county of a possible material

breach, determine if there is a valid contract and if it is likely

that the breach is material. In its investigation, the city or county

shall endeavor to contact the landowner or his or her representative

to learn the landowner's explanation of the facts and circumstances

related to the possible material breach.

   (e) Within 10 days of determining whether it is likely that a

material breach exists, the city or county shall notify the landowner

and the department by certified mail, return receipt requested. This

notice shall include the reasons for the determination and a copy of

the contract. If either the landowner or the department objects to

the preliminary determination of the city or county, the board or

council shall schedule a public hearing as provided in subdivision

(g).

   (f) Within 60 days of receiving notice that it is likely a

material breach, the landowner or his or her representative may

notify the city or the county that the landowner intends to eliminate

the conditions that resulted in the material breach within 60 days.

If the landowner eliminates the conditions that resulted in the

material breach within 60 days, the city or county shall take no

further action under this section with respect to the building at

issue. If the landowner notifies the city or county of the intention

to eliminate the conditions but fails to do so, the city or county

shall proceed with the hearing required in subdivision (g).

   (g) The city or county shall schedule a hearing no more than 120

days after the notice is provided to the landowner and the

department, as required in subdivision (e). The city or county shall

give notice of the public hearing by certified mail, return receipt

requested to the landowner and the department at least 30 days prior

to the hearing. The city or county shall give notice of the public

hearing by first-class mail to every owner of land under contract,

any portion of which is situated within one mile of the exterior

boundary of the contracted parcel on which the likely material breach

exists. The city or county shall also give published notice pursuant

to Section 6061. The notice shall include the date, time, and place

of the public hearing. Not less than five days before the hearing,

the department may request that the city or county provide the

department, at the department's expense, a recorded transcript of the

hearing not more than 30 days after the hearing.

   (h) At the public hearing, the city or county shall consider any

oral or written testimony and then determine whether a material

breach exists. The city or county shall support its determination

with findings, made on the record and based on substantial evidence,

that the property does or does not meet the conditions specified in

subdivision (b).

   (i) If the city or county determines that a material breach

exists, the city or county shall do one of the following:

   (1) Order the landowner to eliminate the conditions that resulted

in the material breach within 60 days.

   (2) Assess the monetary penalty pursuant to subdivision (j) and

terminate the contract on that portion of the contracted parcel that

has been made incompatible by the material breach.

   If the landowner disagrees with the determination, he or she may

pursue any other legal remedy that is available.

   (j) The monetary penalty shall be 25 percent of the unrestricted

fair market value of the land rendered incompatible by the breach,

plus 25 percent of the value of the incompatible building and any

related improvements on the contracted land. The basis for the

valuation of the penalty shall be an independent appraisal of the

current unrestricted fair market value of the property that is

subject to the contract and affected by the incompatible use or uses,

and a valuation of any buildings and any related improvements within

the area affected by the incompatible use or uses. If the city or

county determines that equity would permit a lesser penalty, the city

or county, the landowner, and the department may negotiate a

reduction in the penalty based on the factors specified in

subdivision (k), but a reduction in the penalty may not exceed

one-half of the penalty. If negotiations are to be held, the city or

county shall provide the department 15 days' notice before the first

negotiation. If the department chooses not to be a negotiator or

fails to send a negotiator, the city or county and the landowner may

negotiate the penalty.

   (k) In determining the amount of a lesser penalty, the negotiators

shall consider:

   (1) The nature, circumstances, extent, and gravity of the material

breach.

   (2) Whether the landowner's actions were willful, knowing, or

negligent with respect to the material breach.

   (3) The landowner's culpability in contributing to the material

breach and whether the actions of prior landowners subject to the

contract contributed to the material breach.

   (4) Whether the actions of the city or county contributed to the

material breach.

   (5) Whether the landowner notified the city or county that the

landowner would eliminate the conditions that resulted in the

material breach within 30 days, but failed to do so.

   (6) The willingness of the landowner to rapidly resolve the issue

of the material breach.

   (7) Any other mitigating or aggravating factors that justice may

require.

   (l) If the landowner is ordered to eliminate the conditions that

resulted in the material breach pursuant to paragraph (1) of

subdivision (i) but the landowner fails to do so within the time

specified by the city or county, the city or county may abate the

material breach as a public nuisance pursuant to any applicable

provisions of law.

   (m) If the city or county terminates the contract pursuant to

paragraph (2) of subdivision (i), the city or county shall record a

notice of termination following the procedures of Section 51283.4.

   (n) The assessment of a monetary penalty pursuant to subdivision

(i) shall be secured by a lien payable to the county treasurer of the

county within which the property is located, in the amount assessed

pursuant to subdivision (j) or (k). Once properly recorded and

indexed, the lien shall have the force, effect, and priority of a

judgment lien. The lien document shall provide both of the following:

   (1) The name of the real property owner of record and shall

contain either the legal description or the assessor's parcel number

of the real property to which the lien attaches.

   (2) A direct telephone number and address that interested parties

may contact to determine the final amount of any applicable

assessments and penalties owing on the lien pursuant to this section.

   (o) If the lien is not paid within 60 days of recording, simple

interest shall accrue on the unpaid penalty at the rate of 10 percent

per year, and shall continue to accrue until the penalty is paid,

prior to all other claims except those with superior status under

federal or state law.

   (p) Upon payment of the lien, the city or county shall record a

release of lien and a certificate of contract termination by breach

with the county recorder for the land rendered incompatible by the

breach.

   (q) The city or county may deduct from any funds received pursuant

to this chapter the amount of the actual costs of administering this

section and shall transmit the balance of the funds by the county

treasurer to the Controller for deposit in the Soil Conservation

Fund.

   (r) (1) The department may carry out the responsibilities of a

city or county under this section if any of the following occurs:

   (A) The city or county fails to determine whether there is a

material breach within 210 days of the discovery of the breach.

   (B) The city or county fails to complete the requirements of this

section within 180 days of the determination that a material breach

exists.

   (2) The city or county may request in writing to the department,

the department's approval for an extension of time for the city or

county to act and the reasons for the extension. Approval may not be

unreasonably withheld by the department.

   (3) The department shall notify the city or county 30 days prior

to its exercise of any responsibility under this subdivision.

   (4) This section shall not be construed to limit the authority of

the Secretary of the Resources Agency under Section 16146 or 16147.

   (s) (1) This section does not apply to any of the following:

   (A) A building constructed prior to January 1, 2004, or a building

for which a permit was issued by a city or county prior to January

1, 2004.

   (B) A building that was not a material breach at the time of

construction but became a material breach because of a change in law

or ordinance.

   (C) A building owned by the state.

   (2) Subject to paragraphs (4) and (5), this section does not apply

when a board or council cancels a contract pursuant to Article 5

(commencing with Section 51280), or a city terminates a contract

pursuant to Section 51243.5, or when a public agency, as defined by

subdivision (a) of Section 51291, acquires land subject to contract

by, or in lieu of, eminent domain pursuant to Article 6 (commencing

with Section 51290) unless either of the following occurs:

   (A) The action terminating the contract is rescinded.

   (B) A court determines that the cancellation or termination was

not properly executed pursuant to this chapter, or that the land

continues to be subject to the contract.

   (3) On the motion of any party with standing to bring an action

for breach, any court hearing an action challenging the termination

of a contract entered into under this chapter shall consolidate any

action for breach, including the remedies for material breach

available pursuant to this section.

   (4) Paragraph (2) shall not be applicable for a cancellation or

termination occurring after January 1, 2004, unless the affected

landowner provides to the administering board or council and to the

department, within 30 days after the cancellation or termination, a

notarized statement, in a form acceptable to the department, signed

under penalty of perjury and filed with the county recorder,

acknowledging that the breach provisions of this section may apply if

any of the following conditions are met:

   (A) The action by the local government is rescinded.

   (B) A court permanently enjoins, voids, or rescinds the

cancellation or termination.

   (C) For any other reason, the land continues to be subject to the

contract.

   (5) Paragraph (2) does not apply for a cancellation or termination

occurring before January 1, 2004, unless the landowner provides the

statement required in paragraph (4) prior to the approval of a

building permit necessary for the construction of a commercial,

industrial, or residential building.

   (t) It is the intent of the Legislature to encourage cities and

counties, in consultation with contracting landowners and the

department, to review existing Williamson Act enforcement programs

and consider any additions or improvements that would make local

enforcement more effective, equitable, or widely acceptable to the

affected landowners. Cities and counties are also encouraged to

include enforcement provisions within the terms of the contracts,

with the consent of contracting landowners.

   (u) The department and the city or county may agree to extend any

deadline to act under this section, upon the request of the city and

county, and the written approval of the director of the department.

   (v) In order to promote the reasonable and equitable resolution of

a potential material breach, if a potential material breach involves

extenuating circumstances, the city or county and the landowner may

agree to request that the department meet and confer with them for

the purpose of developing a resolution of the potential material

breach. If the department agrees to meet and confer with the

landowner and city or county, the time requirements specified in this

section shall be tolled. The resolution may include remedies

authorized by law or not prohibited by law that are agreed to by the

landowner, city or county, and department. If the resolution resolves

all outstanding issues under this section, the city or county shall

terminate all proceedings pursuant to this section upon execution by

the landowner, city or county, and department. The agreement

executing the resolution shall be recorded in the county in which the

affected parcel is located.

   (w) A city or county shall not cancel a contract pursuant to

Article 5 (commencing with Section 51280) to resolve a material

breach except pursuant to this section.

51251.  The county, city, or landowner may bring any action in court

necessary to enforce any contract, including, but not limited to, an

action to enforce the contract by specific performance or

injunction. An owner of land may bring any action in court to enforce

a contract on land whose exterior boundary is within one mile of his

land. An owner of land under contract may bring any action in court

to enforce a contract on land located within the same county or city.

51252.  Open-space land under a contract entered into pursuant to

this chapter shall be enforceably restricted within the meaning and

for the purposes of Section 8 of Article XIII of the State

Constitution and shall be enforced and administered by the city or

county in such a manner as to accomplish the purposes of that article

and of this chapter.

51253.  Any contract or agreement entered into pursuant to this

chapter prior to the 61st day following final adjournment of the 1969

Regular Session of the Legislature may be amended to conform with

the provisions of this act as amended at that session upon the mutual

agreement of all parties. Approval of these amendments to a contract

by the Director of Conservation shall not be required.

51254.  Notwithstanding any other provision of this chapter, the

parties may upon their mutual agreement rescind a contract in order

simultaneously to enter into a new contract pursuant to this chapter,

which new contract would enforceably restrict the same property for

an initial term at least as long as the unexpired term of the

contract being so rescinded but not less than 10 years. Such action

may be taken notwithstanding the prior serving of a notice of

nonrenewal relative to the former contract.

51255.  (a) Notwithstanding any other provision of this chapter, the

parties may upon their mutual agreement rescind a contract in order

simultaneously to enter into an open-space easement agreement

pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6

(commencing with Section 51070)), provided that the easement is

consistent with the Williamson Act (this chapter) for the duration of

the original Williamson Act contract. The easement would enforceably

restrict the same property for an initial term of not less than 10

years and would not be subject to the provisions of Article 4

(commencing with Section 51090) of Chapter 6.6. This action may be

taken notwithstanding the prior serving of a notice of nonrenewal,

and the land subject to the contract shall be assessed pursuant to

Section 423 of the Revenue and Taxation Code.

   (b) This section shall not apply to any agreement entered into on

or before August 12, 1998.

51256.  Notwithstanding any other provision of this chapter, a city

or county, upon petition by a landowner, may enter into an agreement

with the landowner to rescind a contract in accordance with the

contract cancellation provisions of Section 51282 in order to

simultaneously place other land within that city, the county, or the

county where the contract is rescinded under an agricultural

conservation easement, consistent with the purposes and, except as

provided in subdivision (b), the requirements of the California

Farmland Conservancy pursuant to Division 10.2 (commencing with

Section 10200) of the Public Resources Code, provided that the board

or council makes all of the following findings:

   (a) The proposed agricultural conservation easement is consistent

with the criteria set forth in Section 10251 of the Public Resources

Code.

   (b) The proposed agricultural conservation easement is evaluated

pursuant to the selection criteria in Section 10252 of the Public

Resources Code, and particularly subdivisions (a), (c), (e), (f), and

(h), and the board or council makes a finding that the proposed

easement will make a beneficial contribution to the conservation of

agricultural land in its area.

   (c) The land proposed to be placed under an agricultural

conservation easement is of equal size or larger than the land

subject to the contract to be rescinded, and is equally or more

suitable for agricultural use than the land subject to the contract

to be rescinded. In determining the suitability of the land for

agricultural use, the city or county shall consider the soil quality

and water availability of the land, adjacent land uses, and any

agricultural support infrastructure.

   (d) The value of the proposed agricultural conservation easement,

as determined pursuant to Section 10260 of the Public Resources Code,

is equal to or greater than either of the following:

   (1) Twelve and one-half percent of the cancellation valuation of

the land subject to the contract to be rescinded, pursuant to

subdivision (a) of Section 51283.

   (2) Twenty-five percent of the cancellation valuation of the land

subject to the contract to be rescinded pursuant to paragraph (3) of

subdivision (c) of Section 51297, if the contract was entered into

pursuant to Article 7 (commencing with Section 51296).

   (e) The easement value and the cancellation valuation shall be

determined within 90 days before the approval of the city or county

of an agreement pursuant to this section.

51256.1.  No agreement entered into pursuant to Section 51256 shall

take effect until it is approved by the Director of Conservation. The

director may approve the agreement if he or she finds that the

findings of the board or council, as required by Sections 51256 and

51282, are supported by substantial evidence, and that the proposed

agricultural conservation easement is consistent with the eligibility

criteria set forth in Section 10251 of the Public Resources Code and

will make a beneficial contribution to the conservation of

agricultural land in its area. The director shall not approve the

agreement if an agricultural conservation easement has been purchased

with funds from the Agricultural Land Stewardship Program Fund,

established pursuant to Section 10230 of the Public Resources Code,

on the same land proposed to be placed under an agricultural

conservation easement pursuant to this section.

51256.1.  No agreement entered into pursuant to Section 51256 shall

take effect until it is approved by the Secretary of Resources. The

secretary may approve the agreement if he or she finds that the

findings of the board or council, as required by Sections 51256 and

51282, are supported by substantial evidence, and that the proposed

agricultural conservation easement is consistent with the eligibility

criteria set forth in Section 10251 of the Public Resources Code and

will make a beneficial contribution to the conservation of

agricultural land in its area. The secretary shall not approve the

agreement if an agricultural conservation easement has been purchased

with funds from the Agricultural Land Stewardship Program Fund,

established pursuant to Section 10230 of the Public Resources Code,

on the same land proposed to be placed under an agricultural

conservation easement pursuant to this section.

51256.2.  (a) One or more cities or counties may adopt a plan for

implementing the provisions of Section 51256 with respect to multiple

transactions within one or more specific areas, and submit the plan

to the director for his or her approval. The plan may be approved

only upon a determination by the director that it is consistent with

the provisions of Section 51256. Thereafter individual transactions

shall be approved if they are consistent with the approved plan.

   (b) Notwithstanding Section 51256, this section shall apply only

to lands under contract located in the Counties of San Bernardino and

Riverside, within the area bounded by Interstate 10 on the north,

State Route 71 on the west, State Route 91 on the south, and a line

two miles east of Interstate 15 on the east, and to easements within

that area or within 10 miles of its exterior boundaries and within

either Riverside County or San Bernardino County. For the purpose of

this section, easements located within the described area may be

related to contract rescissions in either county.

   (c) The Legislature finds and declares that, because of the unique

factors applicable only to the Chino Basin, a statute of general

applicability cannot be enacted within the meaning of subdivision (b)

of Section 16 of Article IV of the California Constitution. Those

unique circumstances are that the Chino agricultural preserve is

undergoing transition from agricultural to nonagricultural uses and

the affected areas comprise more than a single jurisdiction.

Therefore, a multijurisdictional approach is necessary.

51256.3.  For the purposes of facilitating long-term agricultural

land conservation in the Sacramento-San Joaquin Delta, an

agricultural conservation easement located within the primary or

secondary zone of the delta, as defined in Sections 29728 and 29731

of the Public Resources Code, may be related to contract rescissions

in any other portion of the secondary zone without respect to county

boundary limitations contained in an agricultural conservation

easement agreement pursuant to Section 51256.

51257.  (a) To facilitate a lot line adjustment, pursuant to

subdivision (d) of Section 66412, and notwithstanding any other

provision of this chapter, the parties may mutually agree to rescind

the contract or contracts and simultaneously enter into a new

contract or contracts pursuant to this chapter, provided that the

board or council finds all of the following:

   (1) The new contract or contracts would enforceably restrict the

adjusted boundaries of the parcel for an initial term for at least as

long as the unexpired term of the rescinded contract or contracts,

but for not less than 10 years.

   (2) There is no net decrease in the amount of the acreage

restricted. In cases where two parcels involved in a lot line

adjustment are both subject to contracts rescinded pursuant to this

section, this finding will be satisfied if the aggregate acreage of

the land restricted by the new contracts is at least as great as the

aggregate acreage restricted by the rescinded contracts.

   (3) At least 90 percent of the land under the former contract or

contracts remains under the new contract or contracts.

   (4) After the lot line adjustment, the parcels of land subject to

contract will be large enough to sustain their agricultural use, as

defined in Section 51222.

   (5) The lot line adjustment would not compromise the long-term

agricultural productivity of the parcel or other agricultural lands

subject to a contract or contracts.

   (6) The lot line adjustment is not likely to result in the removal

of adjacent land from agricultural use.

   (7) The lot line adjustment does not result in a greater number of

developable parcels than existed prior to the adjustment, or an

adjusted lot that is inconsistent with the general plan.

   (b) Nothing in this section shall limit the authority of the board

or council to enact additional conditions or restrictions on lot

line adjustments.

   (c) Only one new contract may be entered into pursuant to this

section with respect to a given parcel, prior to January 1, 2004.

   (d) In the year 2008, the department's Williamson Act Status

Report, prepared pursuant to Section 51207, shall include a review of

the performance of this section.

   (e) This section shall remain in effect only until January 1,

2011, and as of that date is repealed, unless a later enacted

statute, that is enacted on or before January 1, 2011, deletes or

extends that date.

SECTION 51280-51287

51280.  It is hereby declared that the purpose of this article is to

provide relief from the provisions of contracts entered into

pursuant to this chapter under the circumstances and conditions

provided herein.

51280.1.  As used in this chapter, the finding of a board or council

that "cancellation and alternative use will not result in

discontiguous patterns of urban development" authorizes, but does not

require, the board or council to cancel a contract if it finds that

the alternative use will be rural in character and that the

alternative use will result within the foreseeable future in a

contiguous pattern of development within the relevant subregion. The

board or council is not required to find that the alternative use

will be immediately contiguous to like development. In rendering its

finding, the board or council acts in its own discretion to evaluate

the proposed alternative use according to existing and projected

conditions within its local jurisdiction.

   The provisions of this section shall apply only to those

proceedings for the cancellation of contracts which were initiated

pursuant to Section 51282.1, and, consistent with the provisions of

Section 9 of Chapter 1095 of the Statutes of 1981, shall apply to the

same extent as the provisions of Section 51282.1, notwithstanding

their repeal.

51281.  A contract may not be canceled except pursuant to a request

by the landowner, and as provided in this article.

51281.1.  The board or council may require the payment of a

reasonable application fee to be made at the time a petition for

cancellation is filed.

51282.  (a) The landowner may petition the board or council for

cancellation of any contract as to all or any part of the subject

land. The board or council may grant tentative approval for

cancellation of a contract only if it makes one of the following

findings:

   (1) That the cancellation is consistent with the purposes of this

chapter.

   (2) That cancellation is in the public interest.

   (b) For purposes of paragraph (1) of subdivision (a) cancellation

of a contract shall be consistent with the purposes of this chapter

only if the board or council makes all of the following findings:

   (1) That the cancellation is for land on which a notice of

nonrenewal has been served pursuant to Section 51245.

   (2) That cancellation is not likely to result in the removal of

adjacent lands from agricultural use.

   (3) That cancellation is for an alternative use which is

consistent with the applicable provisions of the city or county

general plan.

   (4) That cancellation will not result in discontiguous patterns of

urban development.

   (5) That there is no proximate noncontracted land which is both

available and suitable for the use to which it is proposed the

contracted land be put, or, that development of the contracted land

would provide more contiguous patterns of urban development than

development of proximate noncontracted land.

   As used in this subdivision "proximate, noncontracted land" means

land not restricted by contract pursuant to this chapter, which is

sufficiently close to land which is so restricted that it can serve

as a practical alternative for the use which is proposed for the

restricted land.

   As used in this subdivision "suitable" for the proposed use means

that the salient features of the proposed use can be served by land

not restricted by contract pursuant to this chapter. Such

nonrestricted land may be a single parcel or may be a combination of

contiguous or discontiguous parcels.

   (c) For purposes of paragraph (2) of subdivision (a) cancellation

of a contract shall be in the public interest only if the council or

board makes the following findings: (1) that other public concerns

substantially outweigh the objectives of this chapter; and (2) that

there is no proximate noncontracted land which is both available and

suitable for the use to which it is proposed the contracted land be

put, or that development of the contracted land would provide more

contiguous patterns of urban development than development of

proximate noncontracted land.

   As used in this subdivision "proximate, noncontracted land" means

land not restricted by contract pursuant to this chapter, which is

sufficiently close to land which is so restricted that it can serve

as a practical alternative for the use which is proposed for the

restricted land.

   As used in this subdivision "suitable" for the proposed use means

that the salient features of the proposed use can be served by land

not restricted by contract pursuant to this chapter. Such

nonrestricted land may be a single parcel or may be a combination of

contiguous or discontiguous parcels.

   (d) For purposes of subdivision (a), the uneconomic character of

an existing agricultural use shall not by itself be sufficient reason

for cancellation of the contract. The uneconomic character of the

existing use may be considered only if there is no other reasonable

or comparable agricultural use to which the land may be put.

   (e) The landowner's petition shall be accompanied by a proposal

for a specified alternative use of the land. The proposal for the

alternative use shall list those governmental agencies known by the

landowner to have permit authority related to the proposed

alternative use, and the provisions and requirements of Section

51283.4 shall be fully applicable thereto. The level of specificity

required in a proposal for a specified alternate use shall be

determined by the board or council as that necessary to permit them

to make the findings required.

   (f) In approving a cancellation pursuant to this section, the

board or council shall not be required to make any findings other

than or in addition to those expressly set forth in this section,

and, where applicable, in Section 21081 of the Public Resources Code.

   (g) A board or council shall not accept or approve a petition for

cancellation if the land for which the cancellation is sought is

currently subject to the process specified in Section 51250, unless

the cancellation is a part of the process specified in Section 51250.

51282.3.  (a) The landowner may petition the board or council,

pursuant to Section 51282, for cancellation of any contract or of any

portion of a contract if the board or council has determined that

agricultural laborer housing is not a compatible use on the

contracted lands. The petition, and any subsequent cancellation based

thereon, shall (1) particularly describe the acreage to be subject

to cancellation; (2) stipulate that the purpose of the cancellation

is to allow the land to be used exclusively for agricultural laborer

housing facilities; (3) demonstrate that the contracted lands, or

portion thereof, for which cancellation is being sought are

reasonably necessary for the development and siting of agricultural

laborer housing; and (4) certify that the contracted lands, or

portion thereof, for which cancellation is being sought, shall not be

converted to any other alternative use within the first 10 years

immediately following the cancellation.

   The petition shall be deemed to be a petition for cancellation for

a specified alternative use of the land. The petition shall be acted

upon by the board or council in the manner prescribed in Section

51283.4. However, the provisions of Section 51283 pertaining to the

payment of cancellation fees shall not be imposed except as provided

in subdivision (b).

   (b) If the owner of real property is issued a certificate of

cancellation of contract based on subdivision (a), there shall be

executed and recorded concurrently with the recordation of the

certificate of cancellation of contract, a lien in favor of the

county, city or city and county in the amount of the fees which would

otherwise have been imposed pursuant to Section 51283. Those amounts

shall bear interest at the rate of 10 percent per annum. The lien

shall particularly describe the real property subject to the lien,

shall be recorded in the county where the real property subject to

the lien is located, and shall be indexed by the recorder in the

grantor index to the name of the owner of the real property and in

the grantee index in the name of the county or city or city and

county. From the date of recordation, the lien shall have the force,

effect and priority of a judgment lien. The board or council shall

execute and record a release of lien if, after a period of 10 years

from the date of the recordation of the certificate of cancellation

of contract, the real property subject to the lien has not been

converted to a use other than agricultural laborer housing. In the

event the real property subject to the lien has been converted to a

use other than agricultural laborer housing, or the construction of

agricultural laborer housing has not commenced within a period of one

year from the date of recordation of the certificate of cancellation

of contract, then the lien shall only be released upon payment of

the fees and interest for which the lien has been imposed. Where

construction commences after the one-year period, the amount of the

interest shall only be for that period from one year following the

date of the recordation of the certificate of cancellation of

contract until the actual commencement of construction.

51282.5.  The owner of any land which has been zoned as a timberland

production pursuant to Section 51112 or 51113, and that zoning has

been recorded as provided in Section 51117, may petition the board or

council for cancellation of any contract as to all or part of the

land. Upon petition, the board or council shall approve the

cancellation of the contract.

   The provisions of Section 51283 shall not apply to any

cancellation under this section, and no cancellation fee shall be

imposed.

51283.  (a) Prior to any action by the board or council giving

tentative approval to the cancellation of any contract, the county

assessor of the county in which the land is located shall determine

the current fair market value of the land as though it were free of

the contractual restriction. The assessor shall certify to the board

or council the cancellation valuation of the land for the purpose of

determining the cancellation fee. At the same time, the assessor

shall send a notice to the landowner and the Department of

Conservation indicating the current fair market value of the land as

though it were free of the contractual restriction and advise the

parties, that upon their request, the assessor shall provide all

information relevant to the valuation, excluding third-party

information. If any information is confidential or otherwise

protected from release, the department and the landowner shall hold

it as confidential and return or destroy any protected information

upon termination of all actions relating to valuation or cancellation

of the contract on the property. The notice shall also advise the

landowner and the department of the opportunity to request formal

review from the assessor.

   (b) Prior to giving tentative approval to the cancellation of any

contract, the board or council shall determine and certify to the

county auditor the amount of the cancellation fee that the landowner

shall pay the county treasurer upon cancellation. That fee shall be

an amount equal to 12 1/2 percent of the cancellation valuation of

the property.

   (c) If it finds that it is in the public interest to do so, the

board or council may waive any payment or any portion of a payment by

the landowner, or may extend the time for making the payment or a

portion of the payment contingent upon the future use made of the

land and its economic return to the landowner for a period of time

not to exceed the unexpired period of the contract, had it not been

canceled, if all of the following occur:

   (1) The cancellation is caused by an involuntary transfer or

change in the use which may be made of the land and the land is not

immediately suitable, nor will be immediately used, for a purpose

which produces a greater economic return to the owner.

   (2) The board or council has determined that it is in the best

interests of the program to conserve agricultural land use that the

payment be either deferred or is not required.

   (3) The waiver or extension of time is approved by the Secretary

of the Resources Agency. The secretary shall approve a waiver or

extension of time if the secretary finds that the granting of the

waiver or extension of time by the board or council is consistent

with the policies of this chapter and that the board or council

complied with this article. In evaluating a request for a waiver or

extension of time, the secretary shall review the findings of the

board or council, the evidence in the record of the board or council,

and any other evidence the secretary may receive concerning the

cancellation, waiver, or extension of time.

   (d) The first two million five hundred thirty-six thousand dollars

($2,536,000) of revenue paid to the Controller pursuant to

subdivision (e) in the 2004-05 fiscal year, and any other amount as

approved in the final Budget Act for each fiscal year thereafter,

shall be deposited in the Soil Conservation Fund, which is continued

in existence. The money in the fund is available, when appropriated

by the Legislature, for the support of all of the following:

   (1) The cost of the farmlands mapping and monitoring program of

the Department of Conservation pursuant to Section 65570.

   (2) The soil conservation program identified in Section 614 of the

Public Resources Code.

   (3) Program support costs of this chapter as administered by the

Department of Conservation.

   (4) Program support costs incurred by the Department of

Conservation in administering the open-space subvention program

(Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of

Title 2).

   (5) The costs to the Department of Conservation for administering

Section 51250.

   (e) When cancellation fees required by this section are collected,

they shall be transmitted by the county treasurer to the Controller

and deposited in the General Fund, except as provided in subdivision

(d) of this section and subdivision (b) of Section 51203. The funds

collected by the county treasurer with respect to each cancellation

of a contract shall be transmitted to the Controller within 30 days

of the execution of a certificate of cancellation of contract by the

board or council, as specified in subdivision (b) of Section 51283.4.

   (f) It is the intent of the Legislature that fees paid to cancel a

contract do not constitute taxes but are payments that, when made,

provide a private benefit that tends to increase the value of the

property.

51283.4.  (a) Upon tentative approval of a petition accompanied by a

proposal for a specified alternative use of the land, the clerk of

the board or council shall record in the office of the county

recorder of the county in which is located the land as to which the

contract is applicable a certificate of tentative cancellation, which

shall set forth the name of the landowner requesting the

cancellation, the fact that a certificate of cancellation of contract

will be issued and recorded at the time that specified conditions

and contingencies are satisfied, a description of the conditions and

contingencies which must be satisfied, and a legal description of the

property. Conditions to be satisfied shall include payment in full

of the amount of the fee computed under the provisions of Section

51283, together with a statement that unless the fee is paid, or a

certificate of cancellation of contract is issued within one year

from the date of the recording of the certificate of tentative

cancellation, the fee shall be recomputed as of the date of notice

described in subdivision (b) or the date the landowner requests a

recomputation. A landowner may request a recomputation when he or she

believes that he or she will be able to satisfy the conditions and

contingencies of the certificate of cancellation within 180 days. The

board or council shall request the assessor to recompute the

cancellation valuation. The assessor shall recompute the valuation,

certify it to the board or council, and provide notice to the

Department of Conservation and landowner as provided in subdivision

(a) of Section 51283, and the board or council shall certify the fee

to the county auditor. Any provisions related to the waiver of the

fee or portion thereof shall be treated in the manner provided for in

the certificate of tentative cancellation. Contingencies to be

satisfied shall include a requirement that the landowner obtain all

permits necessary to commence the project. The board or council may,

at the request of the landowner, amend a tentatively approved

specified alternative use if it finds that the amendment is

consistent with the findings made pursuant to subdivision (a) of

Section 51282.

   (b) The landowner shall notify the board or council when he or she

has satisfied the conditions and contingencies enumerated in the

certificate of tentative cancellation. Within 30 days of receipt of

the notice, and upon a determination that the conditions and

contingencies have been satisfied, the board or council shall execute

a certificate of cancellation of contract, cause the certificate to

be recorded, and send a copy to the Director of Conservation.

   (c) If the landowner has been unable to satisfy the conditions and

contingencies enumerated in the certificate of tentative

cancellation, the landowner shall notify the board or council of the

particular conditions or contingencies he or she is unable to

satisfy. Within 30 days of receipt of the notice, and upon a

determination that the landowner is unable to satisfy the conditions

and contingencies listed, the board or council shall execute a

certificate of withdrawal of tentative approval of a cancellation of

contract and cause the same to be recorded. However, the landowner

shall not be entitled to the refund of any cancellation fee paid.

51283.5.  (a) The Legislature finds and declares that cancellation

fees should be calculated in a timely manner and disputes over

cancellation fees should be resolved before a city or county approves

a tentative cancellation. However, the city or county may approve a

tentative cancellation notwithstanding an assessor's formal review or

judicial challenge to the cancellation value or fee.

   (b) If the valuation changes after the approval of a tentative

cancellation, the certificate of tentative cancellation shall be

amended to reflect the correct valuation and cancellation fee.

   (c) If the landowner wishes to pay a cancellation fee when a

formal review has been requested, he or she may pay the fee required

in the current certificate of cancellation and provide security

determined to be adequate by the Department of Conservation for 20

percent of the cancellation fee based on the assessor's valuation.

The board or council shall hold the security and release it

immediately upon full payment of the cancellation fee determined

pursuant to Section 51203.

   (d) The city or county may approve a final cancellation

notwithstanding a pending formal review or judicial challenge to the

cancellation valuation or fee. The certificate of final cancellation

shall include the following statements:

   (1) That formal review or judicial challenge of the cancellation

valuation or fee is pending.

   (2) That the fee may be adjusted, based upon the outcome of the

review or challenge.

   (3) The identity of the party who will be responsible for paying

any additional fee or will receive any refund.

   (4) The form and amount of security provided by the landowner or

other responsible party and approved by the Department of

Conservation.

   (e) Upon resolution, the landowner or the party identified in the

certificate shall either pay the balance owed to the county

treasurer, or receive from the county treasurer or the controller any

amount of overpayment, and shall also be entitled to the immediate

release of any security.

   (f) (1) If a party does not receive the notice required pursuant

to Section 51203, 51283, 51283.4, or 51284, a judicial challenge to

the cancellation valuation may be filed within three years of the

latest of the applicable following events:

   (A) The board or council certification of the fee pursuant to

subdivision (b) of Section 51283, or for fees recomputed pursuant to

Section 51283.4, the execution of a certificate of cancellation under

that section.

   (B) The date of the assessor's determination pursuant to paragraph

(3) of subdivision (b) of Section 51203.

   (C) The service of notice to the Director of Conservation of the

board or council's recorded certificate of final cancellation.

   (2) If a party did receive the required notice pursuant to Section

51203, 51283, 51283.4, or 51284, a judicial challenge to the

cancellation valuation may be filed only after the party has

exhausted his or her administrative remedies through the formal

review process specified in Section 51203, and only within 180 days

of the latest of the applicable following events:

   (A) The board or council certification of the fee pursuant to

subdivision (b) of Section 51283 or for fees recomputed pursuant to

Section 51283.4, the execution of a certificate of cancellation under

that section.

   (B) The date of the assessor's determination pursuant to paragraph

(3) of subdivision (b) of Section 51203.

   (C) The service of notice to the Director of Conservation or the

board or council's recorded certificate of final cancellation.

51284.  No contract may be canceled until after the city or county

has given notice of, and has held, a public hearing on the matter.

Notice of the hearing shall be published pursuant to Section 6061 and

shall be mailed to every owner of land under contract, any portion

of which is situated within one mile of the exterior boundary of the

land upon which the contract is proposed to be canceled. In addition,

at least 10 working days prior to the hearing, a notice of the

hearing and a copy of the landowner's petition shall be mailed to the

Director of Conservation. Within 30 days of the tentative

cancellation of the contract, the city or county shall publish a

notice of its decision, including the date, time, and place of the

public hearing, a general explanation of the decision, the findings

made pursuant to Section 51282, and a general description, in text or

by diagram, of the land under contract, as a display advertisement

of at least one-eighth page in at least one newspaper of general

circulation within the city or county. In addition, within 30 days of

the tentative cancellation of the contract, the city or county shall

deliver a copy of the published notice of the decision, as described

above, to the Director of Conservation. The publication shall be for

informational purposes only, and shall create no right, standing, or

duty that would otherwise not exist with regard to the cancellation

proceedings.

51284.1.  (a) When a landowner petitions a board or council for the

tentative cancellation of a contract and when the board or council

accepts the application as complete pursuant to Section 65943, the

board or council shall immediately mail a notice to the Director of

Conservation. The notice shall include all of the following:

   (1) A copy of the petition.

   (2) A copy of the contract.

   (3) A general description, in text or by diagram, of the land that

is the subject of the proposed cancellation.

   (4) The deadline for submitting comments regarding the proposed

cancellation. That deadline shall be consistent with the Permit

Streamlining Act (Chapter 4.5 (commencing with Section 65920) of

Division 1 of Title 7), but in no case less than 30 days prior to the

scheduled action by the board or council.

   (b) The board or council shall send that information to the

assessor that is necessary to describe the land subject to the

proposed cancellation. The information shall include the name and

address of the landowner petitioning the cancellation.

   (c) The Director of Conservation shall review the proposed

cancellation and submit comments to the board or council by the

deadline specified in paragraph (4) of subdivision (a). Any comments

submitted shall advise the board or council on the findings required

by Section 51282 with respect to the proposed cancellation.

   (d) Prior to acting on the proposed cancellation, the board or

council shall consider the comments by the Director of Conservation,

if submitted.

   (e) The board or council may include the cancellation valuation,

if available, of the land as part of the completed petition sent to

the director.

51285.  The owner of any property located in the county or city in

which the agricultural preserve is situated may protest such

cancellation to the city or county conducting the hearing.

51286.  (a) Any action or proceeding which, on the grounds of

alleged noncompliance with the requirements of this chapter, seeks to

attack, review, set aside, void, or annul a decision of a board of

supervisors or a city council to cancel a contract shall be brought

pursuant to Section 1094.5 of the Code of Civil Procedure.

   (b) The action or proceeding shall be commenced within 180 days

from the date of the council or board order acting on a petition for

cancellation filed under this chapter.

51287.  The city or county may impose a fee pursuant to Chapter 8

(commencing with Section 66016) of Division 1 of Title 7 for recovery

of costs under this article. The fee shall not exceed an amount

necessary to recover the reasonable cost of services provided by the

city or county under this article.

SECTION 51290-51295

51290.  (a) It is the policy of the state to avoid, whenever

practicable, the location of any federal, state, or local public

improvements and any improvements of public utilities, and the

acquisition of land therefor, in agricultural preserves.

   (b) It is further the policy of the state that whenever it is

necessary to locate such an improvement within an agricultural

preserve, the improvement shall, whenever practicable, be located

upon land other than land under a contract pursuant to this chapter.

   (c) It is further the policy of the state that any agency or

entity proposing to locate such an improvement shall, in considering

the relative costs of parcels of land and the development of

improvements, give consideration to the value to the public, as

indicated in Article 2 (commencing with Section 51220), of land, and

particularly prime agricultural land, within an agricultural

preserve.

51290.5.  As used in this chapter, "public improvement" means

facilities or interests in real property, including easements,

rights-of-way, and interests in fee title, owned by a public agency

or person, as defined in subdivision (a) of Section 51291.

51291.  (a) As used in this section and Sections 51292 and 51295,

(1) "public agency" means any department or agency of the United

States or the state, and any county, city, school district, or other

local public district, agency, or entity, and (2) "person" means any

person authorized to acquire property by eminent domain.

   (b) Except as provided in Section 51291.5, whenever it appears

that land within an agricultural preserve may be required by a public

agency or person for a public use, the public agency or person shall

advise the Director of Conservation and the local governing body

responsible for the administration of the preserve of its intention

to consider the location of a public improvement within the preserve.

In accordance with Section 51290, the notice shall include an

explanation of the preliminary consideration of Section 51292, and

give a general description, in text or by diagram, of the

agricultural preserve land proposed for acquisition, and a copy of

any applicable contract created under this chapter. The Director of

Conservation shall forward to the Secretary of Food and Agriculture,

a copy of any material received from the public agency or person

relating to the proposed acquisition.

   Within 30 days thereafter, the Director of Conservation and the

local governing body shall forward to the appropriate public agency

or person concerned their comments with respect to the effect of the

location of the public improvement on the land within the

agricultural preserve and those comments shall be considered by the

public agency or person. In preparing those comments, the Director of

Conservation shall consider issues related to agricultural land use,

including, but not limited to, matters related to the effects of the

proposal on the conversion of adjacent or nearby agricultural land

to nonagricultural uses, and shall consult with, and incorporate the

comments of, the Secretary of Food and Agriculture on any other

matters related to agricultural operations. The failure by any person

or public agency, other than a state agency, to comply with the

requirements of this section shall be admissible in evidence in any

litigation for the acquisition of that land or involving the

allocation of funds or the construction of the public improvement.

This subdivision does not apply to the erection, construction,

alteration, or maintenance of gas, electric, piped subterranean water

or wastewater, or communication utility facilities within an

agricultural preserve if that preserve was established after the

submission of the location of those facilities to the city or county

for review or approval.

   (c) When land in an agricultural preserve is acquired by a public

entity, the public entity shall notify the Director of Conservation

within 10 working days. The notice shall include a general

explanation of the decision and the findings made pursuant to Section

51292. If different from that previously provided pursuant to

subdivision (b), the notice shall also include a general description,

in text or by diagram, of the agricultural preserve land acquired

and a copy of any applicable contract created under this chapter.

   (d) If, after giving the notice required under subdivisions (b)

and (c) and before the project is completed within an agricultural

preserve, the public agency or person proposes any significant change

in the public improvement, it shall give notice of the changes to

the Director of Conservation and the local governing body responsible

for the administration of the preserve. Within 30 days thereafter,

the Director of Conservation and the local governing body may forward

to the public agency or person their comments with respect to the

effect of the change to the public improvement on the land within the

preserve and the compliance of the changed public improvements with

this article. Those comments shall be considered by the public agency

or person, if available within the time limits set by this

subdivision.

   (e) Any action or proceeding regarding notices or findings

required by this article filed by the Director of Conservation or the

local governing body administering the agricultural preserve shall

be governed by Section 51294.

51291.5.  The notice requirements of subdivision (b) of Section

51291 shall not apply to the acquisition of land for the erection,

construction, or alteration of gas, electric, piped subterranean

water or wastewater, or communication facilities.

51292.  No public agency or person shall locate a public improvement

within an agricultural preserve unless the following findings are

made:

   (a) The location is not based primarily on a consideration of the

lower cost of acquiring land in an agricultural preserve.

   (b) If the land is agricultural land covered under a contract

pursuant to this chapter for any public improvement, that there is no

other land within or outside the preserve on which it is reasonably

feasible to locate the public improvement.

51293.  Section 51292 shall not apply to:

   (a) The location or construction of improvements where the board

or council administering the agricultural preserve approves or agrees

to the location thereof, except when the acquiring agency and

administering agency are the same entity.

   (b) The acquisition of easements within a preserve by the board or

council administering the preserve.

   (c) The location or construction of any public utility improvement

which has been approved by the Public Utilities Commission.

   (d) The acquisition of either (1) temporary construction easements

for public utility improvements, or (2) an interest in real property

for underground public utility improvements. This subdivision shall

apply only where the surface of the land subject to the acquisition

is returned to the condition and use that immediately predated the

construction of the public improvement, and when the construction of

the public utility improvement will not significantly impair

agricultural use of the affected contracted parcel or parcels.

   (e) The location or construction of the following types of

improvements, which are hereby determined to be compatible with or to

enhance land within an agricultural preserve:

   (1) Flood control works, including channel rectification and

alteration.

   (2) Public works required for fish and wildlife enhancement and

preservation.

   (3) Improvements for the primary benefit of the lands within the

preserve.

   (f) Improvements for which the site or route has been specified by

the Legislature in a manner that makes it impossible to avoid the

acquisition of land under contract.

   (g) All state highways on routes as described in Sections 301 to

622, inclusive, of the Streets and Highways Code, as those sections

read on October 1, 1965.

   (h) All facilities which are part of the State Water Facilities as

described in subdivision (d) of Section 12934 of the Water Code,

except facilities under paragraph (6) of subdivision (d) of that

section.

   (i) Land upon which condemnation proceedings have been commenced

prior to October 1, 1965.

   (j) The acquisition of a fee interest or conservation easement for

a term of at least 10 years, in order to restrict the land to

agricultural or open space uses as defined by subdivisions (b) and

(o) of Section 51201.

51293.1.  Any public agency or person requiring land in an

agricultural preserve for a use which has been determined by a city

or county to be a "compatible use" pursuant to subdivision (e) of

Section 51201 in that agricultural preserve shall not be excused from

the provisions of subdivision (b) of Section 51291 if the

agricultural preserve was established before the location of the

improvement of a public utility was submitted to the city, county, or

Public Utilities Commission for agreement or approval and that

compatible use shall not come within the provisions of Section 51293

unless the location of the improvement is approved or agreed to

pursuant to subdivision (a) of Section 51293 or the compatible use is

listed in Section 51293.

51294.  Section 51292 shall be enforceable only by mandamus

proceedings by the local governing body administering the

agricultural preserve or the Director of Conservation. However, as

applied to condemnors whose determination of necessity is not

conclusive by statute, evidence as to the compliance of the condemnor

with Section 51292 shall be admissible on motion of any of the

parties in any action otherwise authorized to be brought by the

landowner or in any action against the landowner.

51294.1.  After 30 days have elapsed following its action, pursuant

to subdivision (b) of Section 51291, advising the Director of

Conservation and the local governing body of a county or city

administering an agricultural preserve of its intention to consider

the location of a public improvement within such agricultural

preserve, a public agency proposing to acquire land within an

agricultural preserve for water transmission facilities which will

extend into more than one county, may file the proposed route of the

facilities with each county or city administering an agricultural

preserve into which the facilities will extend and request each

county or city to approve or agree to the location of the facilities

or the acquisition of the land therefor. Upon approval or agreement,

the provisions of Section 51292 shall not apply to the location of

the proposed water transmission facility or the acquisition of land

therefor in any county or city which has approved or agreed to the

location or acquisition.

51294.2.  If any local governing body administering an agricultural

preserve within 90 days after receiving a request pursuant to Section

51294.1 has not approved or agreed to the location of water

transmission facilities as provided in Section 51294.1 or in

subdivision (a) of Section 51293, the public agency making such

request may file an action against such local governing body in the

superior court of one of the counties within which any such body has

failed to approve the location of facilities or the acquisition of

land therefor, to determine whether the public agency proposing the

location or acquisition has complied with the requirements of Section

51292. If the court should so determine, the provisions of Section

51292 shall not apply to the location of water transmission

facilities, nor the acquisition of land therefor, in any of the

counties into which they shall extend, and no writ of mandamus shall

be issued in relation thereto pursuant to Section 51294. For the

purposes of this section, the county selected for commencing such

action is the proper county for the trial of such proceedings. In

determining whether the public agency has complied with the

requirements of Section 51292, the court shall consider the

alignment, functioning and operation of the entire transmission

facility.

   Courts shall give any action brought under the provisions of this

section preference over all other civil actions therein, to the end

that such actions shall be quickly heard and determined.

51295.  When any action in eminent domain for the condemnation of

the fee title of an entire parcel of land subject to a contract is

filed, or when that land is acquired in lieu of eminent domain for a

public improvement by a public agency or person, or whenever there is

any such action or acquisition by the federal government or any

person, instrumentality, or agency acting under the authority or

power of the federal government, the contract shall be deemed null

and void as to the land actually being condemned, or so acquired as

of the date the action is filed, and for the purposes of establishing

the value of the land, the contract shall be deemed never to have

existed.

   Upon the termination of the proceeding, the contract shall be null

and void for all land actually taken or acquired.

   When an action to condemn or acquire less than all of a parcel of

land subject to a contract is commenced, the contract shall be deemed

null and void as to the land actually condemned or acquired and

shall be disregarded in the valuation process only as to the land

actually being taken, unless the remaining land subject to contract

will be adversely affected by the condemnation, in which case the

value of that damage shall be computed without regard to the

contract.

   When an action to condemn or acquire an interest that is less than

the fee title of an entire parcel or any portion thereof of land

subject to a contract is commenced, the contract shall be deemed null

and void as to that interest and, for the purpose of establishing

the value of only that interest, shall be deemed never to have

existed, unless the remaining interests in any of the land subject to

the contract will be adversely affected, in which case the value of

that damage shall be computed without regard to the contract.

   The land actually taken shall be removed from the contract. Under

no circumstances shall land be removed that is not actually taken for

a public improvement, except that when only a portion of the land or

less than a fee interest in the land is taken or acquired, the

contract may be canceled with respect to the remaining portion or

interest upon petition of either party and pursuant to the provisions

of Article 5 (commencing with Section 51280).

   For the purposes of this section, a finding by the board or

council that no authorized use may be made of the land if the

contract is continued on the remaining portion or interest in the

land, may satisfy the requirements of subdivision (a) of Section

51282.

   If, after acquisition, the acquiring public agency determines that

it will not for any reason actually locate on that land or any part

thereof, the public improvement for which the land was acquired,

before returning the land to private ownership, the public agency

shall give written notice to the Director of Conservation and the

local governing body responsible for the administration of the

preserve, and the land shall be reenrolled in a new contract or

encumbered by an enforceable deed restriction with terms at least as

restrictive as those provided by this chapter. The duration of the

restriction shall be determined by subtracting the length of time the

land was held by the acquiring public agency or person from the

number of years that remained on the original contract at the time of

acquisition.

SECTION 51296-51297.4

51296.  The Legislature finds and declares that it is desirable to

expand options available to landowners for the preservation of

agricultural land. It is therefore the intent of the Legislature in

enacting this article to encourage the creation of longer term

voluntary enforceable restrictions within agricultural preserves.

51296.1.  A landowner or group of landowners may petition the board

to rescind a contract or contracts entered into pursuant to this

chapter in order to simultaneously place the land subject to that

contract or those contracts under a new contract designating the

property as a farmland security zone. A landowner or group of

landowners may also petition the board to create a farmland security

zone for the purpose of entering into farmland security zone

contracts pursuant to this section.

   (a) Before approving the rescission of a contract or contracts

entered into pursuant to this chapter in order to simultaneously

place the land under a new farmland security zone contract, the board

shall create a farmland security zone, pursuant to the requirements

of Section 51230, within an existing agricultural preserve.

   (b) No land shall be included in a farmland security zone unless

expressly requested by the landowner. Any land located within a city'

s sphere of influence shall not be included within a farmland

security zone, unless the creation of the farmland security zone

within the sphere of influence has been expressly approved by

resolution by the city with jurisdiction within the sphere of

influence.

   (c) If more than one landowner requests the creation of a farmland

security zone and the parcels are contiguous, the county shall place

those parcels in the same farmland security zone.

   (d) A contract entered into pursuant to this section shall be for

an initial term of no less than 20 years. Each contract shall provide

that on the anniversary date of the contract or on another annual

date as specified by the contract, a year shall be added

automatically to the initial term unless a notice of nonrenewal is

given pursuant to Section 51245.

   (e) Upon termination of a farmland security zone contract, the

farmland security zone designation for that parcel shall

simultaneously be terminated.

51296.2.  Both of the following shall apply to land within a

designated farmland security zone:

   (a) The land shall be eligible for property tax valuation pursuant

to Section 423.4 of the Revenue and Taxation Code.

   (b) Notwithstanding any other provision of law, any special tax

approved by the voters for urban-related services on or after January

1, 1999, on the land or any living improvement shall be levied at a

reduced rate unless the tax directly benefits the land or the living

improvements.

51296.3.  Notwithstanding any provision of the

Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000

(Division 3 (commencing with Section 56000)), a local agency

formation commission shall not approve a change of organization or

reorganization that would result in the annexation of land within a

designated farmland security zone to a city. However, this

subdivision shall not apply under any of the following circumstances:

   (a) If the farmland security zone is located within a designated,

delineated area that has been approved by the voters as a limit for

existing and future urban facilities, utilities, and services.

   (b) If annexation of a parcel or a portion of a parcel is

necessary for the location of a public improvement, as defined in

Section 51290.5, except as provided in Section 51296.5 or 51296.6.

   (c) If the landowner consents to the annexation.

51296.4.  Notwithstanding any provision of the

Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000

(Division 3 (commencing with Section 56000)), a local agency

formation commission shall not approve a change of organization or

reorganization that would result in the annexation of land within a

designated farmland security zone to a special district that provides

or would provide sewers, nonagricultural water, or streets and

roads, unless the facilities or services provided by the special

district benefit land uses that are allowed under the contract and

the landowner consents to the change of organization or

reorganization.

51296.5.  Notwithstanding Article 5 (commencing with Section 53090)

of Chapter 1 of Division 2 of Title 5, a school district shall not

render inapplicable a county zoning ordinance to the use of land by

the school district if the land is within a designated farmland

security zone.

51296.6.  Notwithstanding any other provision of law, a school

district shall not acquire any land that is within a designated

farmland security zone.

51296.7.  The board shall not approve any use of land within a

designated farmland security zone based on the compatible use

provisions contained in subdivision (c) of Section 51238.1.

51296.8.  Sections 51296 to 51297.4, inclusive, shall only apply to

land that is designated on the Important Farmland Series maps,

prepared pursuant to Section 65570 as predominantly one or more of

the following:

   (a) Prime farmland.

   (b) Farmland of statewide significance.

   (c) Unique farmland.

   (d) Farmland of local importance.

   If the proposed farmland security zone is in an area that is not

designated on the Important Farmland Series maps, the land shall

qualify if it is predominantly prime agricultural land, as defined in

subdivision (c) of Section 51201.

51296.9.  Nonrenewal of a farmland security zone contract shall be

pursuant to Article 3 (commencing with Section 51240), except as

otherwise provided in this article.

51297.  A petition for cancellation of a farmland security zone

contract created under this article may be filed only by the

landowner with the city or county within which the contracted land is

located. The city or county may grant a petition only in accordance

with the procedures provided for in Article 5 (commencing with

Section 51280) and only if all the following requirements are met:

   (a) The city or county shall make both of the findings specified

in paragraphs (1) and (2) of subdivision (a) of Section 51282, based

on substantial evidence in the record. Subdivisions (b) to (e),

inclusive, of Section 51282 shall apply to the findings made by the

city or county.

   (b) Prior to issuing tentative approval of the cancellation of the

contract, the board or council shall determine and certify to the

county auditor the amount of the cancellation fee that the landowner

will be required to pay the county treasurer upon cancellation of the

contract. The cancellation fee shall be in an amount that equals 25

percent of the cancellation valuation of the property.

   (c) In its resolution tentatively approving cancellation of the

contract, the city or county shall find all of the following:

   (1) That no beneficial public purpose would be served by the

continuation of the contract.

   (2) That the uneconomic nature of the agricultural use is

primarily attributable to circumstances beyond the control of the

landowner and the local government.

   (3) That the landowner has paid a cancellation fee equal to 25

percent of the cancellation valuation calculated in accordance with

subdivision (b).

   (d) The Director of Conservation approves the cancellation. The

director may approve the cancellation after reviewing the record of

the tentative cancellation provided by the city or county, only if he

or she finds both of the following:

   (1) That there is substantial evidence in the record supporting

the decision.

   (2) That no beneficial public purpose would be served by the

continuation of the contract.

   (e) A finding that no authorized use may be made of a remnant

contract parcel of five acres or less left by public acquisition

pursuant to Section 51295, may be substituted for the finding in

subdivision (a).

51297.1.  All of the provisions of Article 6 (commencing with

Section 51290) shall apply to farmland security zones created

pursuant to this article except as specifically provided in this

article.

51297.2.  No state agency, as defined in Section 65934, or local

agency, as defined in Section 65930, shall require any land to be

placed under a farmland security zone contract as a condition of the

issuance of any entitlement to use or the approval of a legislative

or adjudicative act involving, but not limited to, the planning, use,

or development of real property, or a change of organization or

reorganization, as defined in Section 56021 or 56073. No contract

shall be executed as a condition of an entitlement to use issued by

an agency of the United States government.

51297.3.  Sections 51296.3 and 51296.4 shall not apply during the

three-year period preceding the termination of a farmland security

zone contract.

51297.4.  Nothing in Sections 51296 to 51297.4, inclusive, shall be

construed to limit the authority of a board to rescind a portion or

portions of a Williamson Act contract or contracts for the purpose of

immediately enrolling the land in a farmland security zone contract

so long as the remaining land is retained in a Williamson Act

contract and the board determines that its action would improve the

conservation of agricultural land within the county where the

rescission occurs. The creation of multiple contracts under this

section does not constitute a subdivision of the land.