Greenway Easements - Estates In Real Property - CA Civil Law

Section § 816.50

This section emphasizes the importance of greenways—natural or recreational spaces along urban waterways. The law identifies these greenways as crucial for enhancing the environment, connecting communities, and offering opportunities like flood management and reducing greenhouse gases. It encourages voluntary agreements to develop these spaces.

The Legislature finds and declares the following with regard to the development of greenways along urban waterways:

(a) The restoration and preservation of land in its natural, scenic, forested, recreational, or open-space condition is among the most important environmental assets in California.

(b) Greenways have the potential to improve the quality of life in, and connectivity between, communities, and provide important recreational, open-space, wildlife, flood management, greenhouse gas reduction, and urban waterfront revitalization opportunities.

(c) It is the policy of the Legislature and in the best interest in the state to encourage the voluntary conveyance of greenway easements to qualified nonprofit organizations.

greenways urban waterways land restoration environmental preservation recreational spaces open-space condition wildlife opportunities flood management greenhouse gas reduction urban waterfront revitalization community connectivity qualified nonprofit organizations voluntary conveyance natural scenic condition legislative policy

(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)

Section § 816.52

This law section explains definitions concerning development around urban waterways in California. "Adjacent" means being within 400 yards of a waterway's boundary but doesn't give new rights to create easements on private property without an agreement. A "greenway" is a recreational path with specific features like landscaping, safety separations, and legal access arrangements, intended to enhance nearby urban waterways. It must meet local planning requirements and support flood management. Additionally, a "greenway easement" allows for the development and preservation of these greenways, binding on future landowners. Relevant local agencies, defined here, include cities and counties, and urban waterways include streams and rivers in developed or designated urban areas.

For purposes of this chapter, the following definitions apply:

(a)

(1) “Adjacent” means within 400 yards from the property boundary of an existing urban waterway.

(2) This subdivision does not create a new authority to place or extend an easement on private property that is not part of a voluntary agreement.

(b) “Greenway” means a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets the following requirements:

(1) Includes landscaping that improves rivers and streams, provides flood protection benefits, and incorporates the significance and value of natural, historical, and cultural resources, as documented in the local agency’s applicable planning document, including, but not limited to, a master plan, a general plan, or a specific plan.

(2) Is separated and protected from shared roadways, is adjacent to an urban waterway, and incorporates both ease of access to nearby communities and an array of amenities within an urbanized area and services for the users of the corridor and nearby communities.

(3) Is located on public lands or private lands, or a combination of public and private lands, where public access to those lands for greenway purposes has been legally authorized by, or legally obtained from, the fee owner of the land and, if applicable, the operator of any facility or improvement located on the land, through leases, easements, or other agreements entered into by the fee owner and the operator of any affected facility or improvement on the land.

(4) Reflects design standards regarding appropriate widths, clearances, setbacks from obstructions, and centerlines protecting directional travel, and other considerations, as appropriate, that are applicable for each affected local agency, as documented in the local agency’s applicable planning document, including, but not limited to, a master plan, general plan, or specific plan, and that are consistent with plans and facilities for controlling the floodwater of rivers and their tributaries, as applicable.

(5) May incorporate appropriate lighting, public amenities within an urbanized area, art, and other features that are consistent with a local agency’s planning document, including, but not limited to, a general plan, master plan, or specific plan.

(c) “Greenway easement” means any limitation in a deed, will, or other instrument in the form of an easement, restriction, covenant, or condition that is or has been executed by or on behalf of the owner of the land subject to the easement and is binding upon successive owners of that land, for either of the following purposes:

(1) Developing greenways adjacent to urban waterways consistent with restoration efforts undertaken at those waterways at the time of the creation of the easement, if any.

(2) Preserving greenways adjacent to urban waterways.

(d) “Local agency” means a city, county, or city and county.

(e) “Urbanized area” has the same meaning as set forth in Section 21071 of the Public Resources Code.

(f) “Urban waterway” means a creek, stream, or river that crosses (1) developed residential, commercial, or industrial property or (2) open space where the land use is designated as residential, commercial, or industrial, as referenced in a local agency’s planning document, including, but not limited to, a general plan, master plan, or specific general plan.

greenway adjacent easement urban waterway landscaping pedestrian corridor bicycle path nonmotorized vehicle public lands planning document flood protection local agency urbanized area legal agreement public amenities

(Amended by Stats. 2016, Ch. 471, Sec. 1. (AB 2651) Effective September 22, 2016.)

Section § 816.54

A greenway easement is a type of property interest that can be created voluntarily and transferred freely. It is meant to last forever and doesn't disappear over time. Even though it can limit what someone can do with the property, it's considered a real interest, not a personal one. The specific rights and rules of a greenway easement are defined in the document that establishes it.

(a) A greenway easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in subdivision (c) of Section 816.52 by any lawful method for the transfer of interests in real property in this state.

(b) A greenway easement shall be perpetual in duration.

(c) Notwithstanding the fact that it may be negative in character, a greenway easement is not personal in nature and shall constitute an interest in real property.

(d) The particular characteristics of a greenway easement shall be those granted or specified in the instrument creating or transferring the easement.

greenway easement real property interest voluntary creation transferable perpetual duration negative in character easement characteristics property rights instrument creation or transfer

(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)

Section § 816.56

This law specifies who can own a greenway easement, which is a right to use a part of land for a specific purpose. It can be held by three types of entities: First, nonprofit organizations with a focus on land conservation. Second, government bodies like the state or local councils, provided they don't force landowners to give up easements in exchange for development approvals. Third, recognized California Native American tribes that protect cultural or spiritual sites, as long as the easements are given voluntarily.

Only the following entities or organizations may acquire and hold a greenway easement:

(a) A tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue Code and qualified to do business in this state that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use, or the preservation or development of a greenway.

(b) The state or any city, county, city and county, district, or other state or local governmental entity, if otherwise authorized to acquire and hold title to real property and if the greenway easement is voluntarily conveyed. A local governmental entity shall not condition the issuance of an entitlement for use on the applicant’s granting of a greenway easement pursuant to this chapter.

(c) A federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the greenway easement is voluntarily conveyed.

greenway easement nonprofit organization land conservation government entities California Native American tribes voluntary conveyance preservation of land natural and scenic protection cultural or spiritual sites entitlement for use 501(c)(3) organization open-space condition local governmental entity real property acquisition development of greenway

(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)

Section § 816.58

This law states that if you create a greenway easement, any rights or interests that aren't specifically given away in the easement document stay with the person who gave the easement. The person can still use the land in any way that's not affected by or forbidden by the easement or other laws.

All interests not transferred and conveyed by the instrument creating the greenway easement shall remain in the grantor of the greenway easement, including the right to engage in all uses of the land not affected by the greenway easement nor prohibited by the greenway easement or by law.

greenway easement grantor land use easement document property rights remaining interests instrument creating easement uses of the land rights retained legal restrictions landowner rights

(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)

Section § 816.60

If you're creating or transferring rights to use someone else's land for a greenway, which is often a type of public path or space, you must officially record this document with the county recorder where the land is located. This ensures it's properly documented and follows recording laws.

Instruments creating, assigning, or otherwise transferring greenway easements shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and those instruments shall be subject in all respects to the recording laws.

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(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)

Section § 816.62

This law ensures that a greenway easement remains enforceable even if there's no direct contract between parties or specific benefit to a piece of land, and even if it's not specified as running with the land. If someone harms or threatens a greenway easement or breaks its terms, the owner can go to court to stop it and enforce the easement. Besides stopping the harm, the owner can also seek monetary damages for the injury, including costs related to restoring the easement and the loss of scenic or environmental value. If a court case arises, the winning party can have their legal costs covered, including reasonable attorney's fees.

(a) No greenway easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the instrument creating it as running with the land.

(b) Actual or threatened injury to or impairment of a greenway easement or actual or threatened violation of its terms may be prohibited or restrained, or the interest intended for protection by that easement may be enforced, by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by the owner of the greenway easement.

(c) In addition to the remedy of injunctive relief, the holder of a greenway easement shall be entitled to recover money damages for any injury to the greenway easement or to the interest being protected thereby or for the violation of the terms of the greenway easement. In assessing the damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, or environmental value to the real property subject to the greenway easement.

(d) The court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney’s fees.

greenway easement privity of contract benefit to land running with the land injunctive relief violation of terms monetary damages environmental value scenic value aesthetic value court of competent jurisdiction cost of restoration litigation costs attorney's fees prevailing party

(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)

Section § 816.64

This law clarifies that nothing in the specified chapter should interfere with any existing laws that allow local governments to hold land interests similar to greenway easements. Essentially, it ensures compatibility with other laws that give local authorities powers related to managing land for public purposes, like conservation or recreation.

Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right or power to hold interests in land comparable to greenway easements, including, but not limited to, Chapter 12 (commencing with Section 6950) of Division 7 of Title 1 of, Chapter 6.5 (commencing with Section 51050), Chapter 6.6 (commencing with Section 51070) and Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of, and Article 10.5 (commencing with Section 65560) of Chapter 3 of Title 7 of, the Government Code, and Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code.

greenway easements local government land rights political subdivision land interests land conservation land management public lands recreational use environmental protection land interest statutes Chapter 6950 Section 51050 Section 51070 Section 51200 Section 65560 Section 421

(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)

Section § 816.66

This law states that a greenway easement, which is a special type of property easement intended for pathways or trails, is considered an enforceable restriction. This means it has legal power to enforce certain property use limitations, particularly in relation to taxation matters.

A greenway easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code.

greenway easement property easement enforceable restriction pathways trails property use limitations taxation Revenue and Taxation Code Section 402.1 property rights land use environmental preservation public access development restrictions recreational use

(Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)