SECTIONS 12260-12264 - California Statutes

PUBLIC RESOURCES CODE

SECTION 12260-12264

12260. If the department determines that the proposed conservation
easement meets the eligibility criteria set forth in Section 12251,
the application shall be reviewed based upon the extent to which it
satisfies the following selection criteria:
(a) The nature of the environmental values proposed for
protection, and whether they can be monitored efficiently and
effectively.
(b) Whether the parcels are likely to become isolated from other
areas maintained for key forest resources by development on adjacent
parcels.
(c) Whether the landowner's management goal for his or her parcel
is compatible with the resource protections he or she is proposing.
(d) Whether the landowner has developed, or commits to developing
by the time the easement is finalized, a management plan equivalent
to, or better than, a forest stewardship plan that governs management
on the parcel.
(e) Whether a nonprofit land trust organization, public agency, or
other suitable organization has expressed an interest in working
with the department and the landowner to establish, hold, and monitor
the easement.
(f) Whether other sources of funding for easement acquisition,
closing costs, monitoring and other costs are available.
(g) Other relevant considerations established by the director.

12262. An applicant shall select and retain an independent real
estate appraiser to determine the value of the conservation easement,
which shall be calculated by determining the difference between the
fair market value and the restricted value of the property.

12263. The department shall act on an application for the
acquisition of a conservation easement within 180 days of its
receipt, and shall notify the applicant in writing of approval or
disapproval of the application within 10 days of the decision of the
department. The written notice regarding a disapproval decision shall
state the reason for the disapproval of the application.

12264. The department may disapprove the application for the
acquisition of a conservation easement in any of the following
circumstances:
(a) The application does not satisfy the eligibility criteria set
forth in Section 12251 or selection criteria set forth in Section
12260.
(b) Clear title to the conservation easement cannot be conveyed.
(c) There is insufficient money in the fund to carry out the
acquisition.
(d) Other acquisitions have a higher priority.
(e) Other relevant considerations established by the director.