SECTIONS 51150-51155 - California Statutes

GOVERNMENT CODE

SECTION 51150-51155

51150. It is the policy of the state to avoid, whenever
practicable, the location of any state or local public improvements
and any improvements of public utilities, and the acquisition of land
therefor, in timberland production zones.

51151. (a) As used in this section, Section 51152, and Section
51155, "public agency" means the state, or any department or agency
thereof, and any county, city, school district, or other local public
district, agency, or entity; and "person" means any person
authorized to acquire property by eminent domain.
(b) Whenever it appears that land within a timberland production
zone (TPZ) may be required by a public agency or person for a public
use, the public agency or person shall advise the Secretary of
Resources and the local governing body responsible for the
administration of the land of the intention to consider the location
of a public improvement within the TPZ.
Within 30 days thereafter the Secretary of Resources and the local
governing body shall forward to the public agency or person
concerned their comments with respect to the effect of the location
of the public improvement on the land within the TPZ and those
comments shall be considered by the public agency or person. Failure
of any public agency or person to comply with the requirements of
this section shall invalidate any action by the agency or person to
locate a public improvement within a TPZ. This subdivision does not
apply to the erection, construction, alteration or maintenance of
gas, electric, water, or communication transmission facilities within
a TPZ if that TPZ was established after submission of the location
of the facilities to the city or county for review or approval.

51152. (a) No public agency or person shall locate a public
improvement within a timberland production zone (TPZ) based primarily
on a consideration of the lower cost of acquiring a land in a TPZ.
(b) No public agency or person shall acquire timberland zoned as
timberland production pursuant to this chapter for any public
improvement if there is other land within or outside the TPZ on which
it is reasonably feasible to locate the public improvement.

51153. Section 51152 shall not apply to:
(a) The location or construction of improvements where the board
or council administering the TPZ approves or agrees to the location
thereof.
(b) The acquisition of easements within a TPZ by the board or
council administering the TPZ.
(c) The location or construction of any public utility improvement
which has been approved by the Public Utilities Commission.
(d) Public works required for fish and wildlife enhancement and
preservation.
(e) Improvements for which the site or route has been specified by
the Legislature in such a manner as to make it impossible to avoid
the acquisition of land under contract.
(f) All state highways on routes as described in Sections 301 to
622, inclusive, of the Streets and Highways Code, as those sections
read on October 1, 1965.
(g) All facilities which are part of the State Water Facilities as
described in subdivision (d) of Section 12934 of the Water Code,
except facilities under paragraph (6) of said subdivision (d).
(h) Land upon which condemnation proceedings have been commenced
prior to July 1, 1977.

51154. Section 51152 shall be enforceable only by mandamus
proceedings by the local governing body administering the timberland
production zone or the Secretary of Resources. However, as applied to
condemnors whose determination of necessity is not conclusive by
statute, evidence as to the compliance of the condemnor with Section
51152 shall be admissible on motion of any of the parties in any
action otherwise authorized to be brought by the landowner or in any
action against him.

51155. When any action in eminent domain for the condemnation of
the fee title of an entire parcel of land zoned as timberland
production is filed or when that land is acquired in lieu of eminent
domain for a public agency or person or whenever there is any such
action or acquisition by the federal government or any person,
instrumentality or agency acting under authority or power of the
federal government, the parcel shall be deemed immediately rezoned
(pursuant to Section 51130) as to the land actually being condemned
or so acquired as of the date the action is filed and for the
purposes of establishing the value of the land, the timberland
production zone (TPZ) shall be deemed never to have existed.
Upon the termination of such a proceeding, the parcel shall be
immediately rezoned for all land actually taken or acquired.
When an action to condemn or acquire less than all of a parcel of
land subject to a TPZ is commenced, the parcel shall be deemed
immediately rezoned as to the land actually condemned or acquired and
shall be disregarded in the valuation process only as to the land
actually being taken, unless the remaining land subject to the TPZ
will be adversely affected by the condemnation, in which case the
value of that damage shall be computed without regard to the TPZ.
When an action to condemn or acquire an interest which is less
than the fee title of an entire parcel or any portion thereof, of
land subject to a TPZ is commenced, the parcel shall be deemed
immediately rezoned as to that interest and for the purpose of
establishing the value of that interest only shall be deemed never to
have existed, unless the remaining interests in any of the land
subject to the TPZ will be adversely affected, in which case the
value of that damage shall be computed without regard to the TPZ.
The land actually taken shall be removed from the TPZ. Under no
circumstances shall land be removed that is not actually taken,
except that when only a portion of the land or less than a fee
interest in the land is taken or acquired, the parcel may be
immediately rezoned with respect to the remaining portion or interest
upon petition of either party, and pursuant to the provisions of
Article 4 (commencing with Section 51130).
For the purposes of this section, a finding by the board or
council that no authorized use may be made of the land if the TPZ is
continued on the remaining portion or interest in the land may
satisfy the requirements of subdivisions (a), (b), and (c) of Section
51134, and subdivisions (a), (b), and (c) of Section 4621.2 of the
Public Resources Code.