Bill Text: CA AB2226 | 2011-2012 | Regular Session | Amended

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Bill Title: Agency proceedings: evidence: presumption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-19 - In committee: Set, first hearing. Failed passage. [AB2226 Detail]

Download: California-2011-AB2226-Amended.html

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BILL NUMBER: AB 2226	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 22, 2012

INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 24, 2012

   An act to add Sections 11440.70 and 50035 to the Government Code,
relating to government proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2226, as amended, Hueso. Agency proceedings: evidence:
presumption.
   The Administrative Procedure Act governs the conduct of formal and
informal proceedings before state agencies, as defined. Existing law
specifies that in proceedings and hearings before a court, a
presumption exists that the owner of the legal title to property is
presumed to be the owner of the full beneficial title.
   This bill would require a state agency, as defined, and a city,
county, or city and county to apply that presumption in proceedings
before that state agency, city, county, or city and county.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) California's real estate economy is an essential
part of the state's economy.
   (b) Stable and predictable title is an essential element of a
functioning real estate economy.
   (c) The presumption of ownership of property specified in Section
662 of the Evidence Code is intended to provide certainty of title by
creating a presumption that the owner of property is the owner of
the full beneficial title, which may be rebutted only by clear and
convincing evidence.
   (d) The need to provide for certainty of title extends not only to
court proceedings, but also to proceedings before state and local
agencies.
   (e) The purposes of this act is to ensure that state and local
agencies apply Section 662 of the Evidence Code to proceedings before
those agencies.
  SEC. 2.  Section 11440.70 is added to the Government Code, to read:

   11440.70.  In any  proceedings   proceeding
before an agency  pursuant to this chapter or 
 ,  Chapter 5 (commencing with Section 11500),  or any
other statute or regulation,  if the title to, or ownership of,
property is in question, Section 662 of the Evidence Code shall
control the determination of ownership.  Notwithstanding Section
11415.10 or 11415.20, or any other law, this section shall apply to
all state agencies, even if the state agency is otherwise exempt from
this chapter or if the governing procedure of the agency is
determined by a different statute or regulation. 
  SEC. 3.  Section 50035 is added to the Government Code, to read:
   50035.  In any proceeding before a city, county, or city and
county, if the title to, or ownership of, property is in question,
Section 662 of the Evidence Code shall control the determination of
ownership.