Preservation Of Agricultural Land - - CA Public Resources

Section § 31150

This law allows a conservancy in California to purchase land or interests in it within the coastal zone to protect agricultural land. The goal is to prevent the land from being used for non-agricultural purposes and to ensure the agricultural parcels are large enough for farming. The conservancy can improve and develop these lands to support this goal. Once acquired, the conservancy aims to return the land to private use with certain restrictions to maintain its agricultural purpose.

The conservancy may acquire fee title, development rights, easements, or other interests in land located in the coastal zone in order to prevent loss of agricultural land to other uses and to assemble agricultural lands into parcels of adequate size permitting continued agricultural production. The conservancy may also undertake improvements to and development of such lands where such action is required to meet the purposes of this section.

The conservancy shall take all feasible action to return to private use or ownership, with appropriate use restrictions, all lands acquired for agricultural preservation under this division.

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(Amended by Stats. 1978, Ch. 807.)

Section § 31150.1

This law allows a conservancy to make an agreement to purchase a piece of real estate for agricultural preservation. However, they can only do this if the Legislature has set aside money for such projects. Also, the cost of this purchase agreement cannot go over $600,000.

Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property for an agricultural preservation project, when the Legislature appropriates funds for purposes of carrying out the objectives of this division. The total cost of the option may not exceed six hundred thousand dollars ($600,000).

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(Amended by Stats. 2002, Ch. 958, Sec. 8. Effective January 1, 2003.)

Section § 31151

This law requires the conservancy, when acquiring agricultural lands, to prioritize areas on the edge of cities where urbanization is most affecting those lands.

In acquiring interest in agricultural lands, as provided in this division, the conservancy shall give the highest priority to urban fringe areas where the impact of urbanization on agricultural lands is greatest.

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(Added by Stats. 1976, Ch. 1441.)

Section § 31152

This law states that the conservancy cannot buy land in coastal areas for agriculture unless two conditions are met. First, the land must be identified as agricultural in local or specific plans. Second, there must be no other way to ensure the land stays used for agriculture, even by using other legal powers.

Notwithstanding any other provisions of this division to the contrary, the conservancy shall not act to acquire any interests in lands in the coastal zone for agricultural purposes unless the conservancy finds that both of the following conditions apply to the proposed acquisition:

(a) The lands are specifically identified in a certified local coastal plan or program as agricultural lands, or, in the case of San Francisco Bay, the lands as so identified in the bay plan, the Suisun Marsh Protection Plan, or in any other local plan which the bay commission determines to be consistent with such plans.

(b) There is no other reasonable means, including the use of police power, of assuring continuous use of such lands for agricultural purposes.

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(Amended by Stats. 1980, Ch. 967, Sec. 6.)

Section § 31153

If the conservancy can't buy a piece of agricultural land following the rules in Section 31152, it can ask the State Public Works Board to take the land through eminent domain, as per Section 31105.

If the conservancy is unable to purchase an interest in agricultural land which meets the provisions of Section 31152, the conservancy may request the State Public Works Board to acquire the interest under the power of eminent domain pursuant to Section 31105.

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(Amended by Stats. 1989, Ch. 981, Sec. 1. Effective September 29, 1989.)

Section § 31154

This law allows a conservancy to lease out lands and mandates that 24% of the lease income go to the county where the land is located. The county then distributes this income to itself and local taxing agencies based on their share of property taxes from similar land. The amounts each agency receives are calculated by the county auditor, who then informs the board of supervisors to distribute the funds. If the payment to the county for a property is $25 or less, the entire amount goes to the county's general fund.

The conservancy is authorized to lease lands acquired in accordance with the provisions of Section 31150. When such leases are made to private individuals or groups, the conservancy shall annually, upon appropriation of such amounts by the Legislature, transfer 24 percent of the gross income of such leases to the county in which such lands are situated.

The county shall distribute any payment received by it pursuant to this section to itself, to each revenue district for which the county assesses and collects real property taxes or assessments, and to every other taxing agency within the county in which the property is situated. The amount distributable to the county and each such revenue district or other taxing agency shall be proportionate to the ratio which the amount of the taxes and assessments of each on similar real property similarly situated within that part of the county embracing the smallest in area of the revenue districts or other taxing agencies other than the county, levied for the fiscal year next preceding, bears to the combined amount of the taxes and assessments of all such districts and agencies, including the county, on such property levied for that year. The county auditor shall determine and certify the amounts distributable to the board of supervisors, which shall thereupon order the making of the distribution.

Any money distributed pursuant to this section to any county, revenue district, or other taxing agency shall be deposited to the credit of the same fund as any taxes or assessments on any taxable similar real property similarly situated.

Where a county receives a payment pursuant to this section in an amount of twenty-five dollars ($25) or less in respect to any parcel of leased property, all of such payment shall be distributed to the county for deposit in the county general fund.

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(Added by Stats. 1976, Ch. 1441.)

Section § 31155

This section explains that when land bought under a certain law is sold or leased, the money from that sale or lease is given to the conservancy. After paying any amounts required by another section, the remaining funds can be used for specific programs, but only if the state legislature approves it.

Proceeds from the sale or lease of lands acquired under the provisions of Section 31150 shall be deposited with the conservancy and, after transmission of any payments required by Section 31154, shall be available for expenditure when appropriated by the Legislature for the purpose of funding the programs specified in this division.

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(Added by Stats. 1976, Ch. 1441.)

Section § 31156

This section allows the conservancy to give grants to public agencies and nonprofits. These grants help buy land, development rights, or easements in coastal areas to keep agricultural land from being used for other things. It also lets them improve and develop these lands to support farming, as long as everything aligns with the chapter's rules.

The conservancy may award grants to public agencies and nonprofit organizations for the purpose of acquiring fee title, development rights, easements, or other interests in land located in the coastal zone in order to prevent loss of agricultural land to other uses and to assemble agricultural lands into parcels of adequate size permitting continued agricultural production. The conservancy may also award grants to public agencies and nonprofit organizations for the purpose of undertaking improvements to and development of these lands where that action is required to meet the purposes of this section. The expenditure of any of these funds shall be consistent with the provisions of this chapter.

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(Amended by Stats. 2002, Ch. 958, Sec. 9. Effective January 1, 2003.)