Miscellaneous - - CA Public Resources

Section § 37020

This section clarifies two things: First, it states that this division does not give any state or local government more power to take private property using eminent domain. Eminent domain is when the government takes private land for public use, but this law does not expand that power. Second, it ensures that this division doesn't reduce current rights of people who already have easements on a property, even if that property is being donated. Easements are legal rights to use someone else's land for a specific purpose.

(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.

eminent domain private property acquisition public agency authority land rights water rights easement holders property donation government power state and local agencies property use rights legal easements land use regulations property rights protection

(Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 9. Effective January 1, 2001.)

Section § 37021

This section outlines what happens if a property, originally accepted for conservation purposes, is transferred or used improperly by the donee (the entity that received the property).

If the property is sold, it must still be used for conservation, and the proceeds must go towards acquiring new land that is of equal or greater value. If a nonprofit organization is better suited to manage the property, it can be transferred to them after the board's approval.

If the property is used in a way not authorized by the program, the responsible local government or nonprofit must stop the unauthorized use and restore the intended conservation benefits. If they fail to do so in a reasonable time, the property owner must pay the state its fair market value.

Additionally, the board will monitor the property's use to ensure compliance with the conservation goals.

(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.

conservation purposes property transfer deed restrictions unauthorized use board approval nonprofit organization management sell land criteria restore conservation benefits fair market value payment injunctive relief land monitoring process donee obligations comparable public resources acquire land management criteria

(Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 10. Effective January 1, 2001.)

Section § 37022

Tax credits can only be awarded if the lost revenue is covered by funds that don't come from the California General Fund. This can be done using state bond funds, certain state funds, court settlements, donations, local government funds, or federal funds. Additionally, after the 2014–15 fiscal year, further authorization is required to award these tax credits.

(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.

tax credits General Fund reimbursement state bond funds court settlements private donations public donations local government funds federal funds lost revenue statutory authorization fiscal year 2014–15 non-General Fund moneys transfers to General Fund funding sources for tax credits state funding regulations

(Amended by Stats. 2009, Ch. 220, Sec. 3. (AB 94) Effective January 1, 2010.)

Section § 37023

This law says that if a property is given to someone (the donee) with public access rights, they must allow the public to visit the property, as long as it aligns with the property's intended purpose. The donee must first make a plan to ensure this public access doesn't negatively affect nearby farms or logging operations. The law does not require public access to private lands just because they have a conservation easement, unless that easement specifically says public access is permitted.

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.

public access donee responsibilities impact minimization adjacent landowners customary husbandry practices agricultural operations timber operations setback buffer area conservation easement public access plan property acceptance adjacent lands private lands access rights

(Added by Stats. 2000, Ch. 900, Sec. 11. Effective January 1, 2001.)

Section § 37024

This law allows a city, county, or combined city and county to object to the acceptance of a property. If they do, they can request the Director of Finance to turn down the acceptance. The objections can be based on factors such as their conservation and development policies, general plans, efficient infrastructure use, and potential loss in property tax revenue. The Director of Finance has the authority to disapprove the acceptance after assessing these objections and must provide a written explanation of the decision to the involved city or county.

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.

property acceptance objection city and county policies Director of Finance decision property tax revenue loss infrastructure use conservation and development policies general plans written explanation disapprove acceptance efficient delivery of infrastructure

(Added by Stats. 2000, Ch. 900, Sec. 12. Effective January 1, 2001.)

Section § 37025

If someone accepts property under this program, they must take care of any necessary setback or buffer zones. These areas help prevent interference with usual farming or timber operations nearby.

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.

property management setback maintenance buffer zones husbandry practices agricultural operations timber operations property use adjacent landowners land stewardship neighboring practices program participation avoid infringement land conservation customary practices accepting property conditions

(Added by Stats. 2000, Ch. 900, Sec. 13. Effective January 1, 2001.)