SECTIONS 51280-51287 - California Statutes

GOVERNMENT CODE

SECTION 51280-51287

51280. It is hereby declared that the purpose of this article is to
provide relief from the provisions of contracts entered into
pursuant to this chapter under the circumstances and conditions
provided herein.

51280.1. As used in this chapter, the finding of a board or council
that "cancellation and alternative use will not result in
discontiguous patterns of urban development" authorizes, but does not
require, the board or council to cancel a contract if it finds that
the alternative use will be rural in character and that the
alternative use will result within the foreseeable future in a
contiguous pattern of development within the relevant subregion. The
board or council is not required to find that the alternative use
will be immediately contiguous to like development. In rendering its
finding, the board or council acts in its own discretion to evaluate
the proposed alternative use according to existing and projected
conditions within its local jurisdiction.
The provisions of this section shall apply only to those
proceedings for the cancellation of contracts which were initiated
pursuant to Section 51282.1, and, consistent with the provisions of
Section 9 of Chapter 1095 of the Statutes of 1981, shall apply to the
same extent as the provisions of Section 51282.1, notwithstanding
their repeal.

51281. A contract may not be canceled except pursuant to a request
by the landowner, and as provided in this article.

51281.1. The board or council may require the payment of a
reasonable application fee to be made at the time a petition for
cancellation is filed.

51282. (a) The landowner may petition the board or council for
cancellation of any contract as to all or any part of the subject
land. The board or council may grant tentative approval for
cancellation of a contract only if it makes one of the following
findings:
(1) That the cancellation is consistent with the purposes of this
chapter.
(2) That cancellation is in the public interest.
(b) For purposes of paragraph (1) of subdivision (a) cancellation
of a contract shall be consistent with the purposes of this chapter
only if the board or council makes all of the following findings:
(1) That the cancellation is for land on which a notice of
nonrenewal has been served pursuant to Section 51245.
(2) That cancellation is not likely to result in the removal of
adjacent lands from agricultural use.
(3) That cancellation is for an alternative use which is
consistent with the applicable provisions of the city or county
general plan.
(4) That cancellation will not result in discontiguous patterns of
urban development.
(5) That there is no proximate noncontracted land which is both
available and suitable for the use to which it is proposed the
contracted land be put, or, that development of the contracted land
would provide more contiguous patterns of urban development than
development of proximate noncontracted land.
As used in this subdivision "proximate, noncontracted land" means
land not restricted by contract pursuant to this chapter, which is
sufficiently close to land which is so restricted that it can serve
as a practical alternative for the use which is proposed for the
restricted land.
As used in this subdivision "suitable" for the proposed use means
that the salient features of the proposed use can be served by land
not restricted by contract pursuant to this chapter. Such
nonrestricted land may be a single parcel or may be a combination of
contiguous or discontiguous parcels.
(c) For purposes of paragraph (2) of subdivision (a) cancellation
of a contract shall be in the public interest only if the council or
board makes the following findings: (1) that other public concerns
substantially outweigh the objectives of this chapter; and (2) that
there is no proximate noncontracted land which is both available and
suitable for the use to which it is proposed the contracted land be
put, or that development of the contracted land would provide more
contiguous patterns of urban development than development of
proximate noncontracted land.
As used in this subdivision "proximate, noncontracted land" means
land not restricted by contract pursuant to this chapter, which is
sufficiently close to land which is so restricted that it can serve
as a practical alternative for the use which is proposed for the
restricted land.
As used in this subdivision "suitable" for the proposed use means
that the salient features of the proposed use can be served by land
not restricted by contract pursuant to this chapter. Such
nonrestricted land may be a single parcel or may be a combination of
contiguous or discontiguous parcels.
(d) For purposes of subdivision (a), the uneconomic character of
an existing agricultural use shall not by itself be sufficient reason
for cancellation of the contract. The uneconomic character of the
existing use may be considered only if there is no other reasonable
or comparable agricultural use to which the land may be put.
(e) The landowner's petition shall be accompanied by a proposal
for a specified alternative use of the land. The proposal for the
alternative use shall list those governmental agencies known by the
landowner to have permit authority related to the proposed
alternative use, and the provisions and requirements of Section
51283.4 shall be fully applicable thereto. The level of specificity
required in a proposal for a specified alternate use shall be
determined by the board or council as that necessary to permit them
to make the findings required.
(f) In approving a cancellation pursuant to this section, the
board or council shall not be required to make any findings other
than or in addition to those expressly set forth in this section,
and, where applicable, in Section 21081 of the Public Resources Code.
(g) A board or council shall not accept or approve a petition for
cancellation if the land for which the cancellation is sought is
currently subject to the process specified in Section 51250, unless
the cancellation is a part of the process specified in Section 51250.

51282.3. (a) The landowner may petition the board or council,
pursuant to Section 51282, for cancellation of any contract or of any
portion of a contract if the board or council has determined that
agricultural laborer housing is not a compatible use on the
contracted lands. The petition, and any subsequent cancellation based
thereon, shall (1) particularly describe the acreage to be subject
to cancellation; (2) stipulate that the purpose of the cancellation
is to allow the land to be used exclusively for agricultural laborer
housing facilities; (3) demonstrate that the contracted lands, or
portion thereof, for which cancellation is being sought are
reasonably necessary for the development and siting of agricultural
laborer housing; and (4) certify that the contracted lands, or
portion thereof, for which cancellation is being sought, shall not be
converted to any other alternative use within the first 10 years
immediately following the cancellation.
The petition shall be deemed to be a petition for cancellation for
a specified alternative use of the land. The petition shall be acted
upon by the board or council in the manner prescribed in Section
51283.4. However, the provisions of Section 51283 pertaining to the
payment of cancellation fees shall not be imposed except as provided
in subdivision (b).
(b) If the owner of real property is issued a certificate of
cancellation of contract based on subdivision (a), there shall be
executed and recorded concurrently with the recordation of the
certificate of cancellation of contract, a lien in favor of the
county, city or city and county in the amount of the fees which would
otherwise have been imposed pursuant to Section 51283. Those amounts
shall bear interest at the rate of 10 percent per annum. The lien
shall particularly describe the real property subject to the lien,
shall be recorded in the county where the real property subject to
the lien is located, and shall be indexed by the recorder in the
grantor index to the name of the owner of the real property and in
the grantee index in the name of the county or city or city and
county. From the date of recordation, the lien shall have the force,
effect and priority of a judgment lien. The board or council shall
execute and record a release of lien if, after a period of 10 years
from the date of the recordation of the certificate of cancellation
of contract, the real property subject to the lien has not been
converted to a use other than agricultural laborer housing. In the
event the real property subject to the lien has been converted to a
use other than agricultural laborer housing, or the construction of
agricultural laborer housing has not commenced within a period of one
year from the date of recordation of the certificate of cancellation
of contract, then the lien shall only be released upon payment of
the fees and interest for which the lien has been imposed. Where
construction commences after the one-year period, the amount of the
interest shall only be for that period from one year following the
date of the recordation of the certificate of cancellation of
contract until the actual commencement of construction.

51282.5. The owner of any land which has been zoned as a timberland
production pursuant to Section 51112 or 51113, and that zoning has
been recorded as provided in Section 51117, may petition the board or
council for cancellation of any contract as to all or part of the
land. Upon petition, the board or council shall approve the
cancellation of the contract.
The provisions of Section 51283 shall not apply to any
cancellation under this section, and no cancellation fee shall be
imposed.

51283. (a) Prior to any action by the board or council giving
tentative approval to the cancellation of any contract, the county
assessor of the county in which the land is located shall determine
the current fair market value of the land as though it were free of
the contractual restriction. The assessor shall certify to the board
or council the cancellation valuation of the land for the purpose of
determining the cancellation fee. At the same time, the assessor
shall send a notice to the landowner and the Department of
Conservation indicating the current fair market value of the land as
though it were free of the contractual restriction and advise the
parties, that upon their request, the assessor shall provide all
information relevant to the valuation, excluding third-party
information. If any information is confidential or otherwise
protected from release, the department and the landowner shall hold
it as confidential and return or destroy any protected information
upon termination of all actions relating to valuation or cancellation
of the contract on the property. The notice shall also advise the
landowner and the department of the opportunity to request formal
review from the assessor.
(b) Prior to giving tentative approval to the cancellation of any
contract, the board or council shall determine and certify to the
county auditor the amount of the cancellation fee that the landowner
shall pay the county treasurer upon cancellation. That fee shall be
an amount equal to 12 1/2 percent of the cancellation valuation of
the property.
(c) If it finds that it is in the public interest to do so, the
board or council may waive any payment or any portion of a payment by
the landowner, or may extend the time for making the payment or a
portion of the payment contingent upon the future use made of the
land and its economic return to the landowner for a period of time
not to exceed the unexpired period of the contract, had it not been
canceled, if all of the following occur:
(1) The cancellation is caused by an involuntary transfer or
change in the use which may be made of the land and the land is not
immediately suitable, nor will be immediately used, for a purpose
which produces a greater economic return to the owner.
(2) The board or council has determined that it is in the best
interests of the program to conserve agricultural land use that the
payment be either deferred or is not required.
(3) The waiver or extension of time is approved by the Secretary
of the Resources Agency. The secretary shall approve a waiver or
extension of time if the secretary finds that the granting of the
waiver or extension of time by the board or council is consistent
with the policies of this chapter and that the board or council
complied with this article. In evaluating a request for a waiver or
extension of time, the secretary shall review the findings of the
board or council, the evidence in the record of the board or council,
and any other evidence the secretary may receive concerning the
cancellation, waiver, or extension of time.
(d) The first two million five hundred thirty-six thousand dollars
($2,536,000) of revenue paid to the Controller pursuant to
subdivision (e) in the 2004-05 fiscal year, and any other amount as
approved in the final Budget Act for each fiscal year thereafter,
shall be deposited in the Soil Conservation Fund, which is continued
in existence. The money in the fund is available, when appropriated
by the Legislature, for the support of all of the following:
(1) The cost of the farmlands mapping and monitoring program of
the Department of Conservation pursuant to Section 65570.
(2) The soil conservation program identified in Section 614 of the
Public Resources Code.
(3) Program support costs of this chapter as administered by the
Department of Conservation.
(4) Program support costs incurred by the Department of
Conservation in administering the open-space subvention program
(Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of
Title 2).
(5) The costs to the Department of Conservation for administering
Section 51250.
(e) When cancellation fees required by this section are collected,
they shall be transmitted by the county treasurer to the Controller
and deposited in the General Fund, except as provided in subdivision
(d) of this section and subdivision (b) of Section 51203. The funds
collected by the county treasurer with respect to each cancellation
of a contract shall be transmitted to the Controller within 30 days
of the execution of a certificate of cancellation of contract by the
board or council, as specified in subdivision (b) of Section 51283.4.
(f) It is the intent of the Legislature that fees paid to cancel a
contract do not constitute taxes but are payments that, when made,
provide a private benefit that tends to increase the value of the
property.

51283.4. (a) Upon tentative approval of a petition accompanied by a
proposal for a specified alternative use of the land, the clerk of
the board or council shall record in the office of the county
recorder of the county in which is located the land as to which the
contract is applicable a certificate of tentative cancellation, which
shall set forth the name of the landowner requesting the
cancellation, the fact that a certificate of cancellation of contract
will be issued and recorded at the time that specified conditions
and contingencies are satisfied, a description of the conditions and
contingencies which must be satisfied, and a legal description of the
property. Conditions to be satisfied shall include payment in full
of the amount of the fee computed under the provisions of Section
51283, together with a statement that unless the fee is paid, or a
certificate of cancellation of contract is issued within one year
from the date of the recording of the certificate of tentative
cancellation, the fee shall be recomputed as of the date of notice
described in subdivision (b) or the date the landowner requests a
recomputation. A landowner may request a recomputation when he or she
believes that he or she will be able to satisfy the conditions and
contingencies of the certificate of cancellation within 180 days. The
board or council shall request the assessor to recompute the
cancellation valuation. The assessor shall recompute the valuation,
certify it to the board or council, and provide notice to the
Department of Conservation and landowner as provided in subdivision
(a) of Section 51283, and the board or council shall certify the fee
to the county auditor. Any provisions related to the waiver of the
fee or portion thereof shall be treated in the manner provided for in
the certificate of tentative cancellation. Contingencies to be
satisfied shall include a requirement that the landowner obtain all
permits necessary to commence the project. The board or council may,
at the request of the landowner, amend a tentatively approved
specified alternative use if it finds that the amendment is
consistent with the findings made pursuant to subdivision (a) of
Section 51282.
(b) The landowner shall notify the board or council when he or she
has satisfied the conditions and contingencies enumerated in the
certificate of tentative cancellation. Within 30 days of receipt of
the notice, and upon a determination that the conditions and
contingencies have been satisfied, the board or council shall execute
a certificate of cancellation of contract, cause the certificate to
be recorded, and send a copy to the Director of Conservation.
(c) If the landowner has been unable to satisfy the conditions and
contingencies enumerated in the certificate of tentative
cancellation, the landowner shall notify the board or council of the
particular conditions or contingencies he or she is unable to
satisfy. Within 30 days of receipt of the notice, and upon a
determination that the landowner is unable to satisfy the conditions
and contingencies listed, the board or council shall execute a
certificate of withdrawal of tentative approval of a cancellation of
contract and cause the same to be recorded. However, the landowner
shall not be entitled to the refund of any cancellation fee paid.

51283.5. (a) The Legislature finds and declares that cancellation
fees should be calculated in a timely manner and disputes over
cancellation fees should be resolved before a city or county approves
a tentative cancellation. However, the city or county may approve a
tentative cancellation notwithstanding an assessor's formal review or
judicial challenge to the cancellation value or fee.
(b) If the valuation changes after the approval of a tentative
cancellation, the certificate of tentative cancellation shall be
amended to reflect the correct valuation and cancellation fee.
(c) If the landowner wishes to pay a cancellation fee when a
formal review has been requested, he or she may pay the fee required
in the current certificate of cancellation and provide security
determined to be adequate by the Department of Conservation for 20
percent of the cancellation fee based on the assessor's valuation.
The board or council shall hold the security and release it
immediately upon full payment of the cancellation fee determined
pursuant to Section 51203.
(d) The city or county may approve a final cancellation
notwithstanding a pending formal review or judicial challenge to the
cancellation valuation or fee. The certificate of final cancellation
shall include the following statements:
(1) That formal review or judicial challenge of the cancellation
valuation or fee is pending.
(2) That the fee may be adjusted, based upon the outcome of the
review or challenge.
(3) The identity of the party who will be responsible for paying
any additional fee or will receive any refund.
(4) The form and amount of security provided by the landowner or
other responsible party and approved by the Department of
Conservation.
(e) Upon resolution, the landowner or the party identified in the
certificate shall either pay the balance owed to the county
treasurer, or receive from the county treasurer or the controller any
amount of overpayment, and shall also be entitled to the immediate
release of any security.
(f) (1) If a party does not receive the notice required pursuant
to Section 51203, 51283, 51283.4, or 51284, a judicial challenge to
the cancellation valuation may be filed within three years of the
latest of the applicable following events:
(A) The board or council certification of the fee pursuant to
subdivision (b) of Section 51283, or for fees recomputed pursuant to
Section 51283.4, the execution of a certificate of cancellation under
that section.
(B) The date of the assessor's determination pursuant to paragraph
(3) of subdivision (b) of Section 51203.
(C) The service of notice to the Director of Conservation of the
board or council's recorded certificate of final cancellation.
(2) If a party did receive the required notice pursuant to Section
51203, 51283, 51283.4, or 51284, a judicial challenge to the
cancellation valuation may be filed only after the party has
exhausted his or her administrative remedies through the formal
review process specified in Section 51203, and only within 180 days
of the latest of the applicable following events:
(A) The board or council certification of the fee pursuant to
subdivision (b) of Section 51283 or for fees recomputed pursuant to
Section 51283.4, the execution of a certificate of cancellation under
that section.
(B) The date of the assessor's determination pursuant to paragraph
(3) of subdivision (b) of Section 51203.
(C) The service of notice to the Director of Conservation or the
board or council's recorded certificate of final cancellation.

51284. No contract may be canceled until after the city or county
has given notice of, and has held, a public hearing on the matter.
Notice of the hearing shall be published pursuant to Section 6061 and
shall be mailed to every owner of land under contract, any portion
of which is situated within one mile of the exterior boundary of the
land upon which the contract is proposed to be canceled. In addition,
at least 10 working days prior to the hearing, a notice of the
hearing and a copy of the landowner's petition shall be mailed to the
Director of Conservation. Within 30 days of the tentative
cancellation of the contract, the city or county shall publish a
notice of its decision, including the date, time, and place of the
public hearing, a general explanation of the decision, the findings
made pursuant to Section 51282, and a general description, in text or
by diagram, of the land under contract, as a display advertisement
of at least one-eighth page in at least one newspaper of general
circulation within the city or county. In addition, within 30 days of
the tentative cancellation of the contract, the city or county shall
deliver a copy of the published notice of the decision, as described
above, to the Director of Conservation. The publication shall be for
informational purposes only, and shall create no right, standing, or
duty that would otherwise not exist with regard to the cancellation
proceedings.

51284.1. (a) When a landowner petitions a board or council for the
tentative cancellation of a contract and when the board or council
accepts the application as complete pursuant to Section 65943, the
board or council shall immediately mail a notice to the Director of
Conservation. The notice shall include all of the following:
(1) A copy of the petition.
(2) A copy of the contract.
(3) A general description, in text or by diagram, of the land that
is the subject of the proposed cancellation.
(4) The deadline for submitting comments regarding the proposed
cancellation. That deadline shall be consistent with the Permit
Streamlining Act (Chapter 4.5 (commencing with Section 65920) of
Division 1 of Title 7), but in no case less than 30 days prior to the
scheduled action by the board or council.
(b) The board or council shall send that information to the
assessor that is necessary to describe the land subject to the
proposed cancellation. The information shall include the name and
address of the landowner petitioning the cancellation.
(c) The Director of Conservation shall review the proposed
cancellation and submit comments to the board or council by the
deadline specified in paragraph (4) of subdivision (a). Any comments
submitted shall advise the board or council on the findings required
by Section 51282 with respect to the proposed cancellation.
(d) Prior to acting on the proposed cancellation, the board or
council shall consider the comments by the Director of Conservation,
if submitted.
(e) The board or council may include the cancellation valuation,
if available, of the land as part of the completed petition sent to
the director.

51285. The owner of any property located in the county or city in
which the agricultural preserve is situated may protest such
cancellation to the city or county conducting the hearing.

51286. (a) Any action or proceeding which, on the grounds of
alleged noncompliance with the requirements of this chapter, seeks to
attack, review, set aside, void, or annul a decision of a board of
supervisors or a city council to cancel a contract shall be brought
pursuant to Section 1094.5 of the Code of Civil Procedure.
(b) The action or proceeding shall be commenced within 180 days
from the date of the council or board order acting on a petition for
cancellation filed under this chapter.

51287. The city or county may impose a fee pursuant to Chapter 8
(commencing with Section 66016) of Division 1 of Title 7 for recovery
of costs under this article. The fee shall not exceed an amount
necessary to recover the reasonable cost of services provided by the
city or county under this article.