SECTIONS 51090-51094 - California Statutes

GOVERNMENT CODE

SECTION 51090-51094

51090. An open-space easement for a term of years may be terminated
only in accordance with the provisions of this article. An
open-space easement may be terminated only by:
(a) Nonrenewal, or
(b) Abandonment.
Abandonment of an easement granted to the county or city pursuant
to this chapter shall be controlled by Section 51093.
Abandonment or nonrenewal of an easement granted to a nonprofit
organization pursuant to this chapter shall be effective only if
approved by appropriate resolution of the governing body of such
organization and such abandonment or nonrenewal initiated by a
nonprofit organization has been approved by the county or city in
which the land lies in the manner provided in Section 51093.

51091. If either the landowner or the county, city, or nonprofit
organization desires in any year not to renew the open-space
easement, that party shall serve written notice of nonrenewal of the
easement upon the other party at least 90 days in advance of the
annual renewal date of the open-space easement. Unless such written
notice is served at least 90 days in advance of the renewal date, the
open-space easement shall be considered renewed as provided in
Section 51081.
Upon receipt by the owner of a notice from the county, city, or
nonprofit organization of nonrenewal, the owner may make a written
protest of the notice of nonrenewal. The county, city, or nonprofit
organization may, at any time prior to the renewal date, withdraw the
notice of nonrenewal.

51092. If the county, city, or nonprofit organization or the
landowner serves notice of intent in any year not to renew the
open-space easement, the existing open-space easement shall remain in
effect for the balance of the period remaining since the original
execution or the last renewal of the open-space easement, as the case
may be.

51093. (a) The landowner may petition the governing body of the
county or city for abandonment of any open-space easement or in the
case of an open-space easement granted to a nonprofit organization
pursuant to this chapter, for approval of abandonment by such
organization, as to all of the subject land. The governing body may
approve the abandonment of an open-space easement only if, by
resolution, it finds:
(1) That no public purpose described in Section 51084 will be
served by keeping the land as open space; and
(2) That the abandonment is not inconsistent with the purposes of
this chapter; and
(3) That the abandonment is consistent with the local general
plan; and
(4) That the abandonment is necessary to avoid a substantial
financial hardship to the landowner due to involuntary factors unique
to him.
No resolution abandoning an open-space easement, or approving the
abandonment of an open-space easement granted to a nonprofit
organization pursuant to this chapter, shall be finally adopted until
the matter has been referred to the county or city planning
commission, the commission has held a public hearing thereon and
furnished a report on the matter to the governing body stating
whether the abandonment is consistent with the local general plan and
the governing body has held at least one public hearing thereon
after giving 30 days' notice thereof by publication in accordance
with Section 6061 of the Government Code, and by posting notice on
the land.
(b) Prior to approval of the resolution abandoning or approving
the abandonment of an open-space easement, the county assessor of the
county in which the land subject to the open-space easement is
located shall determine the full cash value of the land as though it
were free of the open-space easement. The assessor shall multiply
such value by 25 percent, and shall certify the product to the
governing body as the abandonment valuation of the land for the
purpose of determining the abandonment fee.
(c) Prior to giving approval to the abandonment of any open-space
easement, the governing body shall determine and certify to the
county auditor the amount of the abandonment fee which the landowner
must pay the county treasurer upon abandonment. That fee shall be an
amount equal to 50 percent of the abandonment valuation of the
property.
(d) Any sum collected pursuant to this section shall be
transmitted by the county treasurer to the State Controller and be
deposited in the State General Fund.
(e) An abandonment shall not become effective until the
abandonment fee has been paid in full.

51094. Upon the recording in the office of the county recorder of a
certified copy of a resolution abandoning or approving the
abandonment of an open-space easement and reciting compliance with
the provisions of Section 51093, the land subject thereto shall be
deemed relieved of the easement and the covenants of the owner
contained therein shall be deemed terminated; provided, however, that
no certified copy of any resolution abandoning or approving the
abandonment of an open-space easement shall be recorded until the
abandonment fee has been paid in full.