Today's Law As Amended


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SB-715 Agricultural land: Williamson Act.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 51247 of the Government Code is amended to read:

51247.
 The  On either an initial or ongoing basis, the  landowner shall furnish the city or county with such information as the  information, directly relating to the landowner’s compliance with this chapter, that the  city or county shall require in order to enable it to determine the eligibility of the land involved.

SEC. 2.

 Section 66474.5 is added to the Government Code, to read:

66474.5.
 (a) In addition to the requirements of Section 66474.4, in the case of the proposed subdivision of land that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), the legislative body of a city or county shall deny approval of a tentative map, or parcel map for which a tentative map is not required, unless the legislative body finds all of the following:
(1) Each resulting parcel of land is consistent with the contract entered into pursuant to the act.
(2) Each resulting parcel of land is consistent with the local rules adopted pursuant to Section 51231.
(3) Each resulting parcel of land is capable of sustaining a commercial agricultural use, an open-space use, or both.
(4) Each resulting parcel of land has an existing commercial agricultural use or open-space use, or both, the improvements necessary to sustain a commercial agricultural use, an open-space use, or both, or a feasible plan exists for achieving those improvements, if necessary.
(b) If the legislative body of a city or county makes all of the findings required by subdivision (a), the legislative body may, to ensure compliance with the terms of the contract, the local rules adopted pursuant to Section 51231, and the provisions of this section, include as conditions in any tentative map, or parcel map for which a tentative map is not required, any reasonable and necessary restrictions on new residential uses or buildings on any resulting parcel.
(c) As used in this section the following terms have the following meanings:
(1) “Act” means the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5).
(2) “Agricultural preserve” means an agricultural preserve as defined by Section 51210.
(3) “Commercial agricultural use” means an agricultural use as defined by Section 51201.
(4) “Open-space use” means an open-space use as defined in Section 51201.

SEC. 4.SEC. 3.

 Section 426 of the Revenue and Taxation Code is amended to read:

426.
 (a) Notwithstanding any provision of Section 423 to the contrary, if either the county, city, or nonprofit organization or the owner of land subject to contract, agreement, scenic restriction, or open-space easement has served notice of nonrenewal as provided in Section 51091, 51245, or 51296.9 of the Government Code, and the county assessors assessor  shall, unless the parties shall have subsequently rescinded the contract pursuant to Section 51254 or 51255 of the Government Code, value the land as provided in this section.
(b) If the owner of land serves notice of nonrenewal or the county, city, or nonprofit organization serves notice of nonrenewal for cause, or the county or city serves notice of nonrenewal  and the owner fails to protest as provided in Section 51091, 51245, or 51296.9 of the Government Code, subdivision (c) shall apply immediately. If the county, city, or nonprofit organization serves notice of nonrenewal for any other reason  and the owner does protest as provided in Section 51091, 51245, or 51296 of the Government Code, subdivision (c) shall apply when less than six years remain until the termination of the period for which the land is enforceably restricted. As used in this subdivision, the term “for cause” means a landowner’s documented failure to comply with any provision of the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code), any local uniform rule or ordinance adopted pursuant to that act, or the terms of any contract entered into pursuant to that act. 
(c) Where any of the conditions in subdivision (b) apply, the board or assessor in each year until the termination of the period for which the land is enforceably restricted shall do all of the following:
(1) Determine the value of the land pursuant to Section 110.1. If the land is not subject to Section 110.1 when the restriction expires, the value shall be determined pursuant to Section 110 as if it were free of contractual restriction. If the land will be subject to a use for which this code provides a special restricted assessment, the value shall be determined as if it were subject to the new restriction.
(2) Determine the value of the land by capitalization of income as provided in Section 423 and without regard to the existence of any of the conditions in subdivision (b).
(3) Subtract the value determined in paragraph (2) of subdivision (c) by capitalization of income from the full value determined in paragraph (1).
(4) Using the rate announced by the board pursuant to paragraph (1) of subdivision (b) of Section 423, discount the amount obtained in paragraph (3) for the number of years remaining until the termination of the contract, agreement, scenic restriction, or open-space easement.
(5) Determine the value of the land by adding the value determined by capitalization of income as provided in paragraph (2) and the value obtained in paragraph (4).
(6) Apply the ratio prescribed in Section 401 to the value of the land determined in paragraph (5) to obtain its assessed value.