Bill Text: CA AB1965 | 2009-2010 | Regular Session | Chaptered
Bill Title: Agricultural land: Williamson Act: lot line adjustments:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-09 - Chaptered by Secretary of State - Chapter 60, Statutes of 2010. [AB1965 Detail]
Download: California-2009-AB1965-Chaptered.html
BILL NUMBER: AB 1965 CHAPTERED
BILL TEXT
CHAPTER 60
FILED WITH SECRETARY OF STATE JULY 9, 2010
APPROVED BY GOVERNOR JULY 9, 2010
PASSED THE SENATE JUNE 24, 2010
PASSED THE ASSEMBLY MAY 13, 2010
AMENDED IN ASSEMBLY APRIL 13, 2010
INTRODUCED BY Assembly Member Yamada
FEBRUARY 17, 2010
An act to amend Section 51257 of the Government Code, relating to
agricultural land.
LEGISLATIVE COUNSEL'S DIGEST
AB 1965, Yamada. Agricultural land: Williamson Act: lot line
adjustments: contracts.
The Williamson Act, until January 1, 2011, authorizes a city or
county and a landowner to agree to rescind a contract or contracts
and simultaneously enter into a new contract or contracts to
facilitate lot line adjustments. The act requires the Department of
Conservation to review the contract rescission provision in its 2008
Williamson Act Status Report.
This bill would extend the repeal date of the contract rescission
provision to January 1, 2013. This bill would require that an
application to rescind a contract for lot line adjustments be
processed to its completion if it is submitted before January 1,
2013. This bill would delete the requirement for the department to
review the contract rescission provision in its 2008 report.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51257 of the Government Code is amended to
read:
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long as the unexpired term of the rescinded contract or contracts,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adjustment are both subject to contracts rescinded pursuant to this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) This section shall remain in effect until January 1, 2013, and
as of that date is repealed, unless a later enacted statute, that is
enacted on or before January 1, 2013, deletes or extends that date.
An application filed prior to the repeal of this section shall be
processed to completion.
