SECTIONS 51240-51257 - California Statutes

GOVERNMENT CODE

SECTION 51240-51257

51240. Any city or county may by contract limit the use of
agricultural land for the purpose of preserving such land pursuant
and subject to the conditions set forth in the contract and in this
chapter. A contract may provide for restrictions, terms, and
conditions, including payments and fees, more restrictive than or in
addition to those required by this chapter.

51241. If such a contract is made with any landowner, the city or
county shall offer such a contract under similar terms to every other
owner of agricultural land within the agricultural preserve in
question.
However, except as required by other provisions of this chapter,
the provisions of this section shall not be construed as requiring
that all contracts affecting land within a preserve be identical, so
long as such differences as exist are related to differences in
location and characteristics of the land and are pursuant to uniform
rules adopted by the county or city.

51242. No city or county may contract with respect to any land
pursuant to this chapter unless the land:
(a) Is devoted to agricultural use.
(b) Is located within an area designated by a city or county as an
agricultural preserve.

51243. Every contract shall do both of the following:
(a) Provide for the exclusion of uses other than agricultural, and
other than those compatible with agricultural uses, for the duration
of the contract.
(b) Be binding upon, and inure to the benefit of, all successors
in interest of the owner. Whenever land under a contract is divided,
the owner of any parcel may exercise, independent of any other owner
of a portion of the divided land, any of the rights of the owner in
the original contract, including the right to give notice of
nonrenewal and to petition for cancellation. The effect of any such
action by the owner of a parcel created by the division of land under
contract shall not be imputed to the owners of the remaining parcels
and shall have no effect on the contract as it applies to the
remaining parcels of the divided land. Except as provided in Section
51243.5, on and after the effective date of the annexation by a city
of any land under contract with a county, the city shall succeed to
all rights, duties, and powers of the county under the contract.

51243.5. (a) This section shall apply only to land that was within
one mile of a city boundary when a contract was executed pursuant to
this article and for which the contract was executed prior to January
1, 1991.
(b) For any proposal that would result in the annexation to a city
of any land that is subject to a contract under this chapter, the
local agency formation commission shall determine whether the city
may exercise its option to not succeed to the rights, duties, and
powers of the county under the contract.
(c) In making the determination required by subdivision (b),
pursuant to Section 51206, the local agency formation commission may
request, and the Department of Conservation shall provide, advice and
assistance in interpreting the requirements of this section. If the
department has concerns about an action proposed to be taken by a
local agency formation commission pursuant to this section or Section
51243.6, the department shall advise the commission of its concerns,
whether or not the commission has requested it to do so. The
commission shall address the department's concerns in any hearing to
consider the proposed annexation or a city's determination whether to
exercise its option not to succeed to a contract, and shall
specifically find that substantial evidence exists to show that the
city has the present option under this section to decline to succeed
to the contract.
(d) A city may exercise its option to not succeed to the rights,
duties, and powers of the county under the contract if both of the
following had occurred prior to December 8, 1971:
(1) The land being annexed was within one mile of the city's
boundary when the contract was executed.
(2) The city had filed with the county board of supervisors a
resolution protesting the execution of the contract.
(e) A city may exercise its option to not succeed to the rights,
duties, and powers of the county under the contract if each of the
following had occurred prior to January 1, 1991:
(1) The land being annexed was within one mile of the city's
boundary when the contract was executed.
(2) The city had filed with the local agency formation commission
a resolution protesting the execution of the contract.
(3) The local agency formation commission had held a hearing to
consider the city's protest to the contract.
(4) The local agency formation commission had found that the
contract would be inconsistent with the publicly desirable future use
and control of the land.
(5) The local agency formation commission had approved the city's
protest.
(f) It shall be conclusively presumed that no protest was filed by
the city unless there is a record of the filing of the protest and
the protest identifies the affected contract and the subject parcel.
It shall be conclusively presumed that required notice was given
before the execution of the contract.
(g) The option of a city to not succeed to a contract shall extend
only to that part of the land that was within one mile of the city's
boundary when the contract was executed.
(h) If the city exercises its option to not succeed to a contract,
then the city shall record a certificate of contract termination
with the county recorder at the same time as the executive officer of
the local agency formation commission files the certificate of
completion pursuant to Section 57203. The certificate of contract
termination shall include a legal description of the land for which
the city terminates the contract.

51243.6. The Legislature finds and declares the following:
(a) The enforceability of contracts entered into pursuant to this
article is necessary to permit the preferential taxation provided to
the owners of land under contract, pursuant to Section 8 of Article
XIII of the California Constitution.
(b) The option granted to a city pursuant to Section 51243.5 to
elect not to succeed to a contract may be held only by the city.
(c) No contracting landowner has a reasonable expectation that a
contract can be terminated immediately pursuant to this article
without penalty.

51244. (a) Each contract shall be for an initial term of no less
than 10 years. Each contract shall provide that on the anniversary
date of the contract or such other annual date as specified by the
contract a year shall be added automatically to the initial term
unless notice of nonrenewal is given as provided in Section 51245.
(b) (1) If the county makes a determination pursuant to
subdivision (e) of Section 16142 or subdivision (d) of Section
16142.1, contracts shall be for a term of no less than nine years for
contracts currently 10 years in length or 18 years for contracts
currently 20 years in length, as the case may be. For new contracts
entered into during a year in which this subdivision is in effect,
the initial contract length shall be either 9 or 18 years. Each
contract shall provide, except in the initial year of the
determination, that on the anniversary date of the contract or such
other annual date as specified by the contract, a year shall be added
automatically to the initial term unless notice of nonrenewal is
given as provided in Section 51245.
In any subsequent year during the reduced term of contract in
which increased revenue is not realized by the county pursuant to
Section 51244.3, two or three additional years shall be added to the
contract on the next anniversary date, as necessary, to restore the
contract to its full 10-year or 20-year contract length.
(2) In any year in which this subdivision is implemented, the
county shall record a notice that states the affected parcel number
or numbers and current owner's names, or, alternatively, the same
information for those parcels that are not affected.
(3) An addition to the assessed value shall be conveyed to the
auditor, consistent with the 10-percent reduction in the length of
the restriction, equal to 10 percent of the difference between the
valuation pursuant to Section 423, 423.3, or 423.5 of the Revenue and
Taxation Code, as applicable, and the valuation under subdivision
(b) of Section 51 or Section 110.1 of the Revenue and Taxation Code
whichever is lower. If the valuation under subdivision (b) of Section
51 or Section 110.1 of the Revenue and Taxation Code is lower, the
addition to the assessed value shall be zero. The increased amount of
tax revenue that results from the decrease in restriction shall be
separately displayed on the taxpayer's annual bill.
(4) A landowner may elect to serve notice of nonrenewal instead of
accepting a 9-year or 18-year contract, as the case may be. In that
case, the additional assessed value shall not be added to the
property as provided for in paragraph (3).
For purposes of this subdivision, a landowner may serve notice of
nonrenewal at any time. However, a landowner who withdraws that
notice prior to the effective date shall be subject to term
modification and additional assessed value. Once served and
effective, a landowner nonrenewal notice may not be withdrawn except
for cause and with the consent of the county. A county may adopt
amendments to its uniform rules to facilitate implementation of this
subdivision during the 2010-11 fiscal year, and thereafter as
necessary.
(5) In addition to any other notice requirements, a county shall
provide a landowner under contract with timely written notice of all
of the following:
(A) Any initial hearing by the county on a proposal to adopt or
rescind the implementation of this subdivision.
(B) Any final decision regarding the adoption or rescission of
implementation of this subdivision.
(C) The landowner's right to prevent the reduction in the term of
his or her contract pursuant to this subdivision by serving notice of
nonrenewal as specified by Section 51245. This nonrenewal notice may
be combined with the nonrenewal notice in subparagraph (B).
(6) A county shall not modify or revalue a landowner's contract
pursuant to this subdivision unless the landowner is given at least
90 days' notice of the opportunity to prevent the modification and
revaluation by serving notice of nonrenewal and the landowner fails
to serve notice of nonrenewal. The county may use the primary owner
of record from the assessment roll to identify landowners entitled to
receive notice under this subdivision. A landowner shall be advised
of the landowner's right to avoid continued imposition of this
subdivision in any future year and thereafter by serving a notice of
nonrenewal for that contract year. Failure of the landowner to serve
timely notice of nonrenewal in any year shall be considered implied
consent to the implementation of this subdivision for that year.
Until February 1, 2011, the 90-day notice requirement may be
reduced to 60 days if the county adopts a procedure to allow
landowners to serve a notice of nonrenewal.
(7) This subdivision shall not apply to any of the following:
(A) Contracts that have been nonrenewed.
(B) Contracts with cities.
(C) Open-space or agricultural easements.
(D) Scenic restrictions.
(E) Wildlife habitat contracts.
(F) Atypical term contracts, including, but not limited to,
20-year initial term contracts declining to 10 years, or
reencumbrances pursuant to Section 51295, if the county's board of
supervisors determines the application of this subdivision to them
would be inequitable or administratively infeasible.
(8) This subdivision shall remain operative only until January 1,
2015.

51244.3. (a) This section shall apply to properties under a 9-year
or 18-year contract, as the case may be, pursuant to subdivision (b)
of Section 51244. Notwithstanding any other provision to the
contrary, increased revenues generated by those properties shall be
allocated exclusively to the respective counties in which those
properties are located.
(b) This section shall only apply if the county makes a
determination pursuant to either Section 16142 or Section 16142.1.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

51244.5. Notwithstanding the provisions of Section 51244, if the
initial term of the contract is for more than 10 years, the contract
may provide that on the anniversary date of the contract or such
other annual date as specified by the contract beginning with the
anniversary date on which the contract will have an unexpired term of
nine years, a year shall be added automatically to the initial term
unless notice of nonrenewal is given as provided in Section 51245.

51245. If either the landowner or the city or county desires in any
year not to renew the contract, that party shall serve written
notice of nonrenewal of the contract upon the other party in advance
of the annual renewal date of the contract. Unless such written
notice is served by the landowner at least 90 days prior to the
renewal date or by the city or county at least 60 days prior to the
renewal date, the contract shall be considered renewed as provided in
Section 51244 or Section 51244.5.
Upon receipt by the owner of a notice from the county or city of
nonrenewal, the owner may make a written protest of the notice of
nonrenewal. The county or city may, at any time prior to the renewal
date, withdraw the notice of nonrenewal. Upon request by the owner,
the board or council may authorize the owner to serve a notice of
nonrenewal on a portion of the land under a contract.
Within 30 days of the receipt of a notice of nonrenewal from a
landowner, the service of a notice of nonrenewal upon a landowner, or
the withdrawal of a notice of nonrenewal, the city or county shall
deliver a copy of the notice or a notice of withdrawal of nonrenewal
to the Director of Conservation.
No later than 20 days after a city or county receives a notice of
nonrenewal from a landowner, serves a notice of nonrenewal upon a
landowner, or withdraws a notice of nonrenewal, the clerk of the
board or council, as the case may be, shall record with the county
recorder a copy of the notice of nonrenewal or notice of withdrawal
of nonrenewal.

51246. (a) If the county or city or the landowner serves notice of
intent in any year not to renew the contract, the existing contract
shall remain in effect for the balance of the period remaining since
the original execution or the last renewal of the contract, as the
case may be. Within 30 days of the expiration of the contract, the
county or city shall deliver a notice of expiration to the Director
of Conservation.
(b) No city or county shall enter into a new contract or shall
renew an existing contract on or after February 28, 1977, with
respect to timberland zoned as timberland production. The city or
county shall serve notice of its intent not to renew the contract as
provided in this section.
(c) In order to meet the minimum acreage requirement of an
agricultural preserve pursuant to Section 51230, land formerly within
the agricultural preserve which is zoned as timberland production
pursuant to Chapter 6.7 (commencing with Section 51100) may be taken
into account.
(d) Notwithstanding any other provision of law, commencing with
the lien date for the 1977-78 fiscal year all timberland within an
existing contract which has been nonrenewed as mandated by this
section shall be valued according to Section 423.5 of the Revenue and
Taxation Code, succeeding to and including the lien date for the
1981-82 fiscal year. Commencing with the lien date for the 1982-83
fiscal year and on each lien date thereafter, such timberland shall
be valued according to Section 434.5 of the Revenue and Taxation
Code.

51247. The landowner shall furnish the city or county with such
information as the city or county shall require in order to enable it
to determine the eligibility of the land involved.

51248. No later than 20 days after a city or county enters into a
contract with a landowner pursuant to this chapter, the clerk of the
board or council, as the case may be, shall record with the county
recorder a copy of the contract, which shall describe the land
subject thereto, together with a reference to the map showing the
location of the agricultural preserve in which the property lies.
From and after the time of such recordation such contract shall
impart such notice thereof to all persons as is afforded by the
recording laws of this state.

51248.5. Whenever any city or county is required to record any
contract by this chapter, it may file a fictitious contract.
Thereafter, any of the provisions of such fictitious contract may be
included by reference in any contract required to be filed by this
chapter. The provisions of Section 2952 of the Civil Code relating to
the filing, indexing, and force and effect of fictitious mortgages
shall be applicable to such fictitious contracts.

51249. Within 30 days after a form of contract is first used, the
clerk of the board or council shall file with the Director of
Conservation a sample copy of each form of contract and any land use
restrictions applicable thereto.

51250. (a) The purpose of this section is to identify certain
structures that constitute material breaches of contract under this
chapter and to provide an alternate remedy to a contract cancellation
petition by the landowner. Accordingly, this remedy is in addition
to any other available remedies for breach of contract. Except as
expressly provided in this section, this section is not intended to
change the existing land use decisionmaking and enforcement authority
of cities and counties including the authority conferred upon them
by this chapter to administer agricultural preserves and contracts.
(b) For purposes of this section, a breach is material if, on a
parcel under contract, both of the following conditions are met:
(1) A commercial, industrial, or residential building is
constructed that is not allowed by this chapter or the contract,
local uniform rules or ordinances consistent with the provisions of
this chapter, and that is not related to an agricultural use or
compatible use.
(2) The total area of all of the building or buildings likely
causing the breach exceeds 2,500 square feet for either of the
following:
(A) All property subject to any contract or all contiguous
property subject to a contract or contracts owned by the same
landowner or landowners on January 1, 2004.
(B) All property subject to a contract entered into after January
1, 2004, covering property not subject to a contract on January 1,
2004.
For purposes of this subdivision any additional parcels not
specified in the legal description that accompanied the contract, as
it existed prior to January 1, 2003, including any parcel created or
recognized within an existing contract by subdivision, deed,
partition, or, pursuant to Section 66499.35, by certificate of
compliance, shall not increase the limitation of this subdivision.
(c) The department shall notify the city or county if the
department discovers a possible breach.
(d) The city or county shall, upon notification by the department
or upon discovery by the city or county of a possible material
breach, determine if there is a valid contract and if it is likely
that the breach is material. In its investigation, the city or county
shall endeavor to contact the landowner or his or her representative
to learn the landowner's explanation of the facts and circumstances
related to the possible material breach.
(e) Within 10 days of determining whether it is likely that a
material breach exists, the city or county shall notify the landowner
and the department by certified mail, return receipt requested. This
notice shall include the reasons for the determination and a copy of
the contract. If either the landowner or the department objects to
the preliminary determination of the city or county, the board or
council shall schedule a public hearing as provided in subdivision
(g).
(f) Within 60 days of receiving notice that it is likely a
material breach, the landowner or his or her representative may
notify the city or the county that the landowner intends to eliminate
the conditions that resulted in the material breach within 60 days.
If the landowner eliminates the conditions that resulted in the
material breach within 60 days, the city or county shall take no
further action under this section with respect to the building at
issue. If the landowner notifies the city or county of the intention
to eliminate the conditions but fails to do so, the city or county
shall proceed with the hearing required in subdivision (g).
(g) The city or county shall schedule a hearing no more than 120
days after the notice is provided to the landowner and the
department, as required in subdivision (e). The city or county shall
give notice of the public hearing by certified mail, return receipt
requested to the landowner and the department at least 30 days prior
to the hearing. The city or county shall give notice of the public
hearing by first-class mail to every owner of land under contract,
any portion of which is situated within one mile of the exterior
boundary of the contracted parcel on which the likely material breach
exists. The city or county shall also give published notice pursuant
to Section 6061. The notice shall include the date, time, and place
of the public hearing. Not less than five days before the hearing,
the department may request that the city or county provide the
department, at the department's expense, a recorded transcript of the
hearing not more than 30 days after the hearing.
(h) At the public hearing, the city or county shall consider any
oral or written testimony and then determine whether a material
breach exists. The city or county shall support its determination
with findings, made on the record and based on substantial evidence,
that the property does or does not meet the conditions specified in
subdivision (b).
(i) If the city or county determines that a material breach
exists, the city or county shall do one of the following:
(1) Order the landowner to eliminate the conditions that resulted
in the material breach within 60 days.
(2) Assess the monetary penalty pursuant to subdivision (j) and
terminate the contract on that portion of the contracted parcel that
has been made incompatible by the material breach.
If the landowner disagrees with the determination, he or she may
pursue any other legal remedy that is available.
(j) The monetary penalty shall be 25 percent of the unrestricted
fair market value of the land rendered incompatible by the breach,
plus 25 percent of the value of the incompatible building and any
related improvements on the contracted land. The basis for the
valuation of the penalty shall be an independent appraisal of the
current unrestricted fair market value of the property that is
subject to the contract and affected by the incompatible use or uses,
and a valuation of any buildings and any related improvements within
the area affected by the incompatible use or uses. If the city or
county determines that equity would permit a lesser penalty, the city
or county, the landowner, and the department may negotiate a
reduction in the penalty based on the factors specified in
subdivision (k), but a reduction in the penalty may not exceed
one-half of the penalty. If negotiations are to be held, the city or
county shall provide the department 15 days' notice before the first
negotiation. If the department chooses not to be a negotiator or
fails to send a negotiator, the city or county and the landowner may
negotiate the penalty.
(k) In determining the amount of a lesser penalty, the negotiators
shall consider:
(1) The nature, circumstances, extent, and gravity of the material
breach.
(2) Whether the landowner's actions were willful, knowing, or
negligent with respect to the material breach.
(3) The landowner's culpability in contributing to the material
breach and whether the actions of prior landowners subject to the
contract contributed to the material breach.
(4) Whether the actions of the city or county contributed to the
material breach.
(5) Whether the landowner notified the city or county that the
landowner would eliminate the conditions that resulted in the
material breach within 30 days, but failed to do so.
(6) The willingness of the landowner to rapidly resolve the issue
of the material breach.
(7) Any other mitigating or aggravating factors that justice may
require.
(l) If the landowner is ordered to eliminate the conditions that
resulted in the material breach pursuant to paragraph (1) of
subdivision (i) but the landowner fails to do so within the time
specified by the city or county, the city or county may abate the
material breach as a public nuisance pursuant to any applicable
provisions of law.
(m) If the city or county terminates the contract pursuant to
paragraph (2) of subdivision (i), the city or county shall record a
notice of termination following the procedures of Section 51283.4.
(n) The assessment of a monetary penalty pursuant to subdivision
(i) shall be secured by a lien payable to the county treasurer of the
county within which the property is located, in the amount assessed
pursuant to subdivision (j) or (k). Once properly recorded and
indexed, the lien shall have the force, effect, and priority of a
judgment lien. The lien document shall provide both of the following:
(1) The name of the real property owner of record and shall
contain either the legal description or the assessor's parcel number
of the real property to which the lien attaches.
(2) A direct telephone number and address that interested parties
may contact to determine the final amount of any applicable
assessments and penalties owing on the lien pursuant to this section.
(o) If the lien is not paid within 60 days of recording, simple
interest shall accrue on the unpaid penalty at the rate of 10 percent
per year, and shall continue to accrue until the penalty is paid,
prior to all other claims except those with superior status under
federal or state law.
(p) Upon payment of the lien, the city or county shall record a
release of lien and a certificate of contract termination by breach
with the county recorder for the land rendered incompatible by the
breach.
(q) The city or county may deduct from any funds received pursuant
to this chapter the amount of the actual costs of administering this
section and shall transmit the balance of the funds by the county
treasurer to the Controller for deposit in the Soil Conservation
Fund.
(r) (1) The department may carry out the responsibilities of a
city or county under this section if any of the following occurs:
(A) The city or county fails to determine whether there is a
material breach within 210 days of the discovery of the breach.
(B) The city or county fails to complete the requirements of this
section within 180 days of the determination that a material breach
exists.
(2) The city or county may request in writing to the department,
the department's approval for an extension of time for the city or
county to act and the reasons for the extension. Approval may not be
unreasonably withheld by the department.
(3) The department shall notify the city or county 30 days prior
to its exercise of any responsibility under this subdivision.
(4) This section shall not be construed to limit the authority of
the Secretary of the Resources Agency under Section 16146 or 16147.
(s) (1) This section does not apply to any of the following:
(A) A building constructed prior to January 1, 2004, or a building
for which a permit was issued by a city or county prior to January
1, 2004.
(B) A building that was not a material breach at the time of
construction but became a material breach because of a change in law
or ordinance.
(C) A building owned by the state.
(2) Subject to paragraphs (4) and (5), this section does not apply
when a board or council cancels a contract pursuant to Article 5
(commencing with Section 51280), or a city terminates a contract
pursuant to Section 51243.5, or when a public agency, as defined by
subdivision (a) of Section 51291, acquires land subject to contract
by, or in lieu of, eminent domain pursuant to Article 6 (commencing
with Section 51290) unless either of the following occurs:
(A) The action terminating the contract is rescinded.
(B) A court determines that the cancellation or termination was
not properly executed pursuant to this chapter, or that the land
continues to be subject to the contract.
(3) On the motion of any party with standing to bring an action
for breach, any court hearing an action challenging the termination
of a contract entered into under this chapter shall consolidate any
action for breach, including the remedies for material breach
available pursuant to this section.
(4) Paragraph (2) shall not be applicable for a cancellation or
termination occurring after January 1, 2004, unless the affected
landowner provides to the administering board or council and to the
department, within 30 days after the cancellation or termination, a
notarized statement, in a form acceptable to the department, signed
under penalty of perjury and filed with the county recorder,
acknowledging that the breach provisions of this section may apply if
any of the following conditions are met:
(A) The action by the local government is rescinded.
(B) A court permanently enjoins, voids, or rescinds the
cancellation or termination.
(C) For any other reason, the land continues to be subject to the
contract.
(5) Paragraph (2) does not apply for a cancellation or termination
occurring before January 1, 2004, unless the landowner provides the
statement required in paragraph (4) prior to the approval of a
building permit necessary for the construction of a commercial,
industrial, or residential building.
(t) It is the intent of the Legislature to encourage cities and
counties, in consultation with contracting landowners and the
department, to review existing Williamson Act enforcement programs
and consider any additions or improvements that would make local
enforcement more effective, equitable, or widely acceptable to the
affected landowners. Cities and counties are also encouraged to
include enforcement provisions within the terms of the contracts,
with the consent of contracting landowners.
(u) The department and the city or county may agree to extend any
deadline to act under this section, upon the request of the city and
county, and the written approval of the director of the department.
(v) In order to promote the reasonable and equitable resolution of
a potential material breach, if a potential material breach involves
extenuating circumstances, the city or county and the landowner may
agree to request that the department meet and confer with them for
the purpose of developing a resolution of the potential material
breach. If the department agrees to meet and confer with the
landowner and city or county, the time requirements specified in this
section shall be tolled. The resolution may include remedies
authorized by law or not prohibited by law that are agreed to by the
landowner, city or county, and department. If the resolution resolves
all outstanding issues under this section, the city or county shall
terminate all proceedings pursuant to this section upon execution by
the landowner, city or county, and department. The agreement
executing the resolution shall be recorded in the county in which the
affected parcel is located.
(w) A city or county shall not cancel a contract pursuant to
Article 5 (commencing with Section 51280) to resolve a material
breach except pursuant to this section.

51251. The county, city, or landowner may bring any action in court
necessary to enforce any contract, including, but not limited to, an
action to enforce the contract by specific performance or
injunction. An owner of land may bring any action in court to enforce
a contract on land whose exterior boundary is within one mile of his
land. An owner of land under contract may bring any action in court
to enforce a contract on land located within the same county or city.

51252. Open-space land under a contract entered into pursuant to
this chapter shall be enforceably restricted within the meaning and
for the purposes of Section 8 of Article XIII of the State
Constitution and shall be enforced and administered by the city or
county in such a manner as to accomplish the purposes of that article
and of this chapter.

51253. Any contract or agreement entered into pursuant to this
chapter prior to the 61st day following final adjournment of the 1969
Regular Session of the Legislature may be amended to conform with
the provisions of this act as amended at that session upon the mutual
agreement of all parties. Approval of these amendments to a contract
by the Director of Conservation shall not be required.

51254. Notwithstanding any other provision of this chapter, the
parties may upon their mutual agreement rescind a contract in order
simultaneously to enter into a new contract pursuant to this chapter,
which new contract would enforceably restrict the same property for
an initial term at least as long as the unexpired term of the
contract being so rescinded but not less than 10 years. Such action
may be taken notwithstanding the prior serving of a notice of
nonrenewal relative to the former contract.

51255. (a) Notwithstanding any other provision of this chapter, the
parties may upon their mutual agreement rescind a contract in order
simultaneously to enter into an open-space easement agreement
pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6
(commencing with Section 51070)), provided that the easement is
consistent with the Williamson Act (this chapter) for the duration of
the original Williamson Act contract. The easement would enforceably
restrict the same property for an initial term of not less than 10
years and would not be subject to the provisions of Article 4
(commencing with Section 51090) of Chapter 6.6. This action may be
taken notwithstanding the prior serving of a notice of nonrenewal,
and the land subject to the contract shall be assessed pursuant to
Section 423 of the Revenue and Taxation Code.
(b) This section shall not apply to any agreement entered into on
or before August 12, 1998.

51256. Notwithstanding any other provision of this chapter, a city
or county, upon petition by a landowner, may enter into an agreement
with the landowner to rescind a contract in accordance with the
contract cancellation provisions of Section 51282 in order to
simultaneously place other land within that city, the county, or the
county where the contract is rescinded under an agricultural
conservation easement, consistent with the purposes and, except as
provided in subdivision (b), the requirements of the California
Farmland Conservancy pursuant to Division 10.2 (commencing with
Section 10200) of the Public Resources Code, provided that the board
or council makes all of the following findings:
(a) The proposed agricultural conservation easement is consistent
with the criteria set forth in Section 10251 of the Public Resources
Code.
(b) The proposed agricultural conservation easement is evaluated
pursuant to the selection criteria in Section 10252 of the Public
Resources Code, and particularly subdivisions (a), (c), (e), (f), and
(h), and the board or council makes a finding that the proposed
easement will make a beneficial contribution to the conservation of
agricultural land in its area.
(c) The land proposed to be placed under an agricultural
conservation easement is of equal size or larger than the land
subject to the contract to be rescinded, and is equally or more
suitable for agricultural use than the land subject to the contract
to be rescinded. In determining the suitability of the land for
agricultural use, the city or county shall consider the soil quality
and water availability of the land, adjacent land uses, and any
agricultural support infrastructure.
(d) The value of the proposed agricultural conservation easement,
as determined pursuant to Section 10260 of the Public Resources Code,
is equal to or greater than either of the following:
(1) Twelve and one-half percent of the cancellation valuation of
the land subject to the contract to be rescinded, pursuant to
subdivision (a) of Section 51283.
(2) Twenty-five percent of the cancellation valuation of the land
subject to the contract to be rescinded pursuant to paragraph (3) of
subdivision (c) of Section 51297, if the contract was entered into
pursuant to Article 7 (commencing with Section 51296).
(e) The easement value and the cancellation valuation shall be
determined within 90 days before the approval of the city or county
of an agreement pursuant to this section.

51256.1. No agreement entered into pursuant to Section 51256 shall
take effect until it is approved by the Director of Conservation. The
director may approve the agreement if he or she finds that the
findings of the board or council, as required by Sections 51256 and
51282, are supported by substantial evidence, and that the proposed
agricultural conservation easement is consistent with the eligibility
criteria set forth in Section 10251 of the Public Resources Code and
will make a beneficial contribution to the conservation of
agricultural land in its area. The director shall not approve the
agreement if an agricultural conservation easement has been purchased
with funds from the Agricultural Land Stewardship Program Fund,
established pursuant to Section 10230 of the Public Resources Code,
on the same land proposed to be placed under an agricultural
conservation easement pursuant to this section.

51256.1. No agreement entered into pursuant to Section 51256 shall
take effect until it is approved by the Secretary of Resources. The
secretary may approve the agreement if he or she finds that the
findings of the board or council, as required by Sections 51256 and
51282, are supported by substantial evidence, and that the proposed
agricultural conservation easement is consistent with the eligibility
criteria set forth in Section 10251 of the Public Resources Code and
will make a beneficial contribution to the conservation of
agricultural land in its area. The secretary shall not approve the
agreement if an agricultural conservation easement has been purchased
with funds from the Agricultural Land Stewardship Program Fund,
established pursuant to Section 10230 of the Public Resources Code,
on the same land proposed to be placed under an agricultural
conservation easement pursuant to this section.

51256.2. (a) One or more cities or counties may adopt a plan for
implementing the provisions of Section 51256 with respect to multiple
transactions within one or more specific areas, and submit the plan
to the director for his or her approval. The plan may be approved
only upon a determination by the director that it is consistent with
the provisions of Section 51256. Thereafter individual transactions
shall be approved if they are consistent with the approved plan.
(b) Notwithstanding Section 51256, this section shall apply only
to lands under contract located in the Counties of San Bernardino and
Riverside, within the area bounded by Interstate 10 on the north,
State Route 71 on the west, State Route 91 on the south, and a line
two miles east of Interstate 15 on the east, and to easements within
that area or within 10 miles of its exterior boundaries and within
either Riverside County or San Bernardino County. For the purpose of
this section, easements located within the described area may be
related to contract rescissions in either county.
(c) The Legislature finds and declares that, because of the unique
factors applicable only to the Chino Basin, a statute of general
applicability cannot be enacted within the meaning of subdivision (b)
of Section 16 of Article IV of the California Constitution. Those
unique circumstances are that the Chino agricultural preserve is
undergoing transition from agricultural to nonagricultural uses and
the affected areas comprise more than a single jurisdiction.
Therefore, a multijurisdictional approach is necessary.

51256.3. For the purposes of facilitating long-term agricultural
land conservation in the Sacramento-San Joaquin Delta, an
agricultural conservation easement located within the primary or
secondary zone of the delta, as defined in Sections 29728 and 29731
of the Public Resources Code, may be related to contract rescissions
in any other portion of the secondary zone without respect to county
boundary limitations contained in an agricultural conservation
easement agreement pursuant to Section 51256.

51257. (a) To facilitate a lot line adjustment, pursuant to
subdivision (d) of Section 66412, and notwithstanding any other
provision of this chapter, the parties may mutually agree to rescind
the contract or contracts and simultaneously enter into a new
contract or contracts pursuant to this chapter, provided that the
board or council finds all of the following:
(1) The new contract or contracts would enforceably restrict the
adjusted boundaries of the parcel for an initial term for at least as
long as the unexpired term of the rescinded contract or contracts,
but for not less than 10 years.
(2) There is no net decrease in the amount of the acreage
restricted. In cases where two parcels involved in a lot line
adjustment are both subject to contracts rescinded pursuant to this
section, this finding will be satisfied if the aggregate acreage of
the land restricted by the new contracts is at least as great as the
aggregate acreage restricted by the rescinded contracts.
(3) At least 90 percent of the land under the former contract or
contracts remains under the new contract or contracts.
(4) After the lot line adjustment, the parcels of land subject to
contract will be large enough to sustain their agricultural use, as
defined in Section 51222.
(5) The lot line adjustment would not compromise the long-term
agricultural productivity of the parcel or other agricultural lands
subject to a contract or contracts.
(6) The lot line adjustment is not likely to result in the removal
of adjacent land from agricultural use.
(7) The lot line adjustment does not result in a greater number of
developable parcels than existed prior to the adjustment, or an
adjusted lot that is inconsistent with the general plan.
(b) Nothing in this section shall limit the authority of the board
or council to enact additional conditions or restrictions on lot
line adjustments.
(c) Only one new contract may be entered into pursuant to this
section with respect to a given parcel, prior to January 1, 2004.
(d) This section shall remain in effect until January 1, 2013, and
as of that date is repealed, unless a later enacted statute, that is
enacted on or before January 1, 2013, deletes or extends that date.
An application filed prior to the repeal of this section shall be
processed to completion.