Bill Text: CA AB707 | 2015-2016 | Regular Session | Chaptered
Bill Title: Agricultural land: Williamson Act contracts: cancellation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 631, Statutes of 2015. [AB707 Detail]
Download: California-2015-AB707-Chaptered.html
BILL NUMBER: AB 707 CHAPTERED
BILL TEXT
CHAPTER 631
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE AUGUST 31, 2015
PASSED THE ASSEMBLY SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 24, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Wood
FEBRUARY 25, 2015
An act to amend Section 51203 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 707, Wood. Agricultural land: Williamson Act contracts:
cancellation.
Existing law establishes the California Land Conservation Act of
1965, otherwise known as the Williamson Act, and authorizes a city or
county to enter into 10-year contracts with owners of land devoted
to agricultural use, whereby the owners agree to continue using the
property for that purpose, and the city or county agrees to value the
land accordingly for purposes of property taxation, as specified.
Existing law provides for the procedure to cancel a contract entered
into under these provisions, and provides that the landowner and the
Department of Conservation may agree on the cancellation value of the
land.
This bill would require the department to provide a preliminary
valuation of the land to the county assessor and the city council or
board of supervisors at least 60 days prior to the effective date of
the agreed upon cancellation valuation if the contract includes an
additional cancellation fee, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51203 of the Government Code is amended to
read:
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) If a contract with a city or county includes an additional
cancellation fee pursuant to Section 51240, the department shall
provide a preliminary valuation to the county assessor of the county
in which the land is located and the board of supervisors or the city
council at least 60 days prior to the effective date of the final
cancellation valuation pursuant to subdivision (d). The preliminary
valuation shall include a description of the rationale and facts
considered by the department in determining the cancellation value.
The assessor may provide comments on the preliminary valuation to the
board of supervisors or city council. The board of supervisors or
city council may provide comments on the preliminary valuation and
cancellation value, if submitted, to the department. Prior to
determining the final cancellation valuation, the department shall
consider the comments of the board or council concerning the
preliminary valuation and cancellation valuation, if submitted.
(f) 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.
