SECTIONS 37020-37025 - California Statutes

PUBLIC RESOURCES CODE

SECTION 37020-37025

37020. (a) Nothing in this division authorizes or increases the
authority of any state or local public agency to use eminent domain
to acquire private property.
(b) Nothing in this division diminishes existing land or water
rights held by easement holders in any property proposed for
donation.

37021. (a) If any property approved for acceptance pursuant to this
division is later transferred by the donee, the use of the property
shall be restricted by deed to the conservation purposes for which
the property was contributed pursuant to the program. If the board
determines that the conservation purposes for which the property was
contributed can no longer be achieved due to significantly changed
circumstances beyond the control of the donee that accepted the
property, the proceeds of the sale shall be used by the donee that
accepted the property to acquire land in California of equal or
greater value and comparable public resources values, as determined
by the board. The land acquired shall meet the criteria of Section
37015. Nothing in this division prohibits the transfer of donated
property to a nonprofit organization that is qualified to manage the
property for the purposes intended by this division, if the terms of
this section are met. Any local government or nonprofit organization
seeking to sell land pursuant to this subdivision shall first obtain
the approval of the board.
(b) Other than as provided by subdivision (a), property approved
for acceptance pursuant to this division shall be used only for
purposes consistent with Section 37015.
(c) (1) If any unauthorized use is made of the property after the
property is donated to a local government or nonprofit organization
pursuant to this program, the local government or nonprofit
organization shall seek to terminate the unauthorized use and restore
the conservation benefits for which the property was contributed. If
the board determines that the unauthorized use has not been
terminated and the conservation benefits fully restored within a
reasonable period of time, the fee title owner of the property shall
pay to the state the greater of the following:
(A) The fair market value of the property based on appraisals when
accepted by the board.
(B) The fair market value of the property based on appraisals at
the time of and based on the unauthorized use of the property.
(2) The department that is the donee or the board may seek
injunctive relief to prevent the unauthorized use of the property, or
may assume ownership or management of the property to assure that it
is used in the manner originally authorized.
(d) The board shall develop a process to monitor the uses of any
land that a local government or nonprofit organization receives
pursuant to this division in order to ensure those uses are in
conformance with the purposes for which the property is accepted.

37022. (a) Tax credits may be awarded pursuant to this division
only if the amount of all lost revenue resulting from the award of
tax credits is reimbursed by transfer to the General Fund of moneys
that are not from the General Fund. Tax Credits shall not be awarded
subsequent to the 2014-15 fiscal year without further statutory
authorization.
(b) For purposes of this section, "moneys that are not from the
General Fund" means any of the following:
(1) State bond funds as described in Section 37032.
(2) State funds available for the purposes of this division, other
than funds specified in Section 37014.
(3) Court settlements.
(4) Private or public donations.
(5) Local government funds of any type.
(6) Federal funds available for the purposes of this division.

37023. The donee shall allow public access to the property to the
extent that public access is consistent with the purposes for which
the property is accepted. Before providing public access to the
property, the donee shall develop a plan that minimizes the impact of
public access on adjacent landowners in order to avoid infringement
on the customary husbandry practices on adjacent or nearby
agricultural or timber operations and that establishes a setback or
buffer area, as necessary. This section does not require access to
privately owned lands for which a conservation easement is
contributed pursuant to this division unless the conservation
easement provides for public access.

37024. If the city, county, or city and county in which the
property is located objects to acceptance of the property, the city,
county, or city and county, as appropriate, may request the Director
of Finance to disapprove the acceptance of the property. These
objections may relate to the city's, county's, or city and county's
conservation and development policies and their general plans, the
efficient use and delivery of infrastructure, and the potential loss
of property tax revenue. The Director of Finance may disapprove
acceptance after reviewing the objections of the city, county, or
city and county. The Director of Finance shall provide a written
explanation for his or her decision to the affected city, county, or
city and county.

37025. Any donee accepting property pursuant to the program shall
own and maintain any setback or buffer area that may be necessary for
the use of that property in accordance with this division, in order
to avoid infringement on the customary husbandry practices on
adjacent or nearby agricultural or timber operations.