SECTIONS 51075 - California Statutes

GOVERNMENT CODE

SECTION 51075

51075. As used in this chapter, unless otherwise apparent from the
context:
(a) "Open-space land" means any parcel or area of land or water
which is essentially unimproved and devoted to an open-space use as
defined in Section 65560 of the Government Code.
(b) "City" means any city or city and county.
(c) "Landowner" includes a lessee or trustee, if the expiration of
the lease or trust occurs at a time later than the expiration of the
open-space restriction or any extension thereof.
(d) "Open-space easement" means any right or interest in
perpetuity or for a term of years in open-space land acquired by a
county, city, or nonprofit organization pursuant to this chapter
where the deed or other instrument granting such right or interest
imposes restrictions which, through limitation of future use, will
effectively preserve for public use or enjoyment the natural or
scenic character of such open-space land. An open-space easement
shall contain a covenant with the county, city, or nonprofit
organization running with the land, either in perpetuity or for a
term of years, that the landowner shall not construct or permit the
construction of improvements except those for which the right is
expressly reserved in the instrument provided that such reservation
would not be inconsistent with the purposes of this chapter and which
would not be incompatible with maintaining and preserving the
natural or scenic character of the land. Any such convenant shall not
prohibit the construction of either public service facilities
installed for the benefit of the land subject to such covenant or
public service facilities installed pursuant to an authorization by
the governing body of the county or city or the Public Utilities
Commission.
(e) "Open-space plan" means the open-space element of a county or
city general plan adopted by the local governing body pursuant to
Section 65560 of the Government Code.
(f) "Nonprofit organization" means any organization qualifying
under Section 501(c)(3) of the Internal Revenue Code in the preceding
tax year, and which includes the preservation of open space as a
stated purpose in its articles of incorporation. Such qualification
shall be demonstrated by a letter of determination from the Internal
Revenue Service.