Scenic Conservation - - CA Government

Section § 7000

This law allows certain California state departments to acquire land or property rights by various means (like buying or leasing) near the Westside Freeway, Interstate 5, and the California Aqueduct. The goal is to conserve these lands, which have significant scenic value, for public use and enjoyment. The specific areas mentioned are between Highway 41 and Milham Avenue, between Ness Avenue and Pioneer Road, and between Cottonwood Road to the Alameda County line. The Department of Transportation can obtain scenic easements along the Westside Freeway if they secure funding in line with federal guidelines, ensuring it doesn't reduce highway funds. The federal government must reimburse the costs for these easements.

It is the intent of the Legislature in enacting this chapter to provide a means whereby the Departments of Water Resources, Parks and Recreation, Fish and Game, and General Services, of the State of California, may acquire by purchase, gift, grant, bequest, devise, lease, condemnation or otherwise, the fee or any lesser interest or right in real property in order to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve for public use and enjoyment any of the lands and areas, identified below, alongside the Westside Freeway, Interstate Route 5, and the California Aqueduct, which have significant scenic values:

(a) Between the California Aqueduct and the Westside Freeway from Highway 41 north to Milham Avenue.

(b) Between the California Aqueduct and the Westside Freeway from Ness Avenue north to Pioneer Road.

(c) Between the California Aqueduct, the Westside Freeway and the Delta-Mendota Canal from Cottonwood Road north to the freeway-aqueduct crossing at Orestimba Creek, and between the aqueduct and freeway north of that point to the Alameda County line.

The Department of Transportation may acquire scenic easements along said Westside Freeway, provided that funds for such easements are obtained pursuant to the provisions of Section 319 of Title 23 of the United States Code relating to the purchase of interests in lands adjacent to highway rights-of-way, provided further that the federal government reimburses the state for the costs of such scenic easements, and also provided that the use of money for this purpose will not reduce the amount of funds which would otherwise be available to the state for highway purposes.

Westside Freeway Interstate Route 5 California Aqueduct land acquisition scenic conservation public use Department of Transportation scenic easements highway rights-of-way federal reimbursement Department of Water Resources scenic value areas property rights acquisition highway funding Pioneer Road

(Amended by Stats. 1978, Ch. 610.)

Section § 7001

This law states that preserving scenic lands in California is considered a public good, and the government can spend public money to buy or secure rights to properties for this purpose. State departments can acquire properties in various ways and then sell or lease them back to conserve their scenic value.

The Legislature hereby declares that the acquisition of interests or rights in real property for the preservation and conservation of the scenic lands and areas provided for in Section 7000 constitutes a public purpose for which public funds may be expended or advanced, and that any of the state departments specified in this chapter may acquire, by purchase, gift, grant, bequest, devise, lease, condemnation or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of this chapter. Any of said departments may also acquire the fee to any of the property for the purpose of conveying or leasing said property back to its original owner or another person under such covenants or other contractual arrangements as will conserve the scenic character and value of the property in accordance with the purposes of this chapter.

scenic land preservation public purpose property acquisition development rights easements public funds expenditure property conservation rights acquisition state departments property conveyance property leaseback scenic character conservation contractual rights government purchase conservation goals

(Added by Stats. 1963, Ch. 1758.)

Section § 7002

This law allows specific California state agencies to acquire property rights within coastal areas to protect scenic views and other purposes outlined in a previous section. They can use funds allocated for these purposes to purchase these property rights. Additionally, another legal provision also applies to this process.

The state agencies specified in Section 7000 may exercise the powers specified in that section for the acquisition of rights or interests in real property within the coastal zone, as defined in Section 30103 of the Public Resources Code, for scenic easements or any of the other purposes specified in Section 7000. The provisions of Section 7001 shall apply to the provisions of this section. Such agencies may expend any funds appropriated for such purposes in the acquisition of such rights or interests in real property.

state agencies acquisition of property rights coastal zone scenic easements coastal conservation property interests fund allocation property acquisition Section 7000 real property coastal protection public resources environmental preservation property funding legal provisions

(Added by Stats. 1977, Ch. 675.)