The Legislature finds and declares that agricultural lands are necessary to the conservation of the state’s economic resources and necessary to the maintenance of the economy of the state, and that the preservation of agricultural lands in productivity is necessary for the protection of the public interest and, in appropriate instances, is desirable for the enhancement of the use and enjoyment of units of the state park system.
State Parks and MonumentsAgricultural Leasing
Section § 5069
This law emphasizes the importance of preserving agricultural lands because they are vital for California's economy and public interest. Keeping these lands productive is not only essential for economic resources but also benefits the state's park system in certain situations.
agricultural lands economic resources state economy
Section § 5069.1
This law states that if a piece of land bought for a state park in California was used for farming or grazing in the past two years, it might be leased out for the same purpose. However, this can only happen if the director writes a statement confirming that farming won't interfere with the park's future use or harm its resources.
Any portion of any parcel of real property acquired for state park system purposes, which had been farmed or grazed, or otherwise used for agricultural purposes, within the 24 months immediately preceding acquisition, may be made available for lease for agricultural purposes by the department if the director makes written findings that use of the real property for agricultural purposes would be compatible with the ultimate use of the real property as a unit, or part of a unit, of the state park system and with the sound management and conservation of resources within the unit.
state park land lease agricultural lease farmed property
Section § 5069.2
After a state park's general plan is approved, any land within the park designated for ongoing agricultural use can be leased for that purpose by the department. Also, if a piece of land won't be developed for at least three years after the plan's approval, and it was already leased for agriculture before the plan, it can continue to be leased if the director confirms it aligns with the plan or until development starts.
Following approval of the general plan for a unit of the state park system pursuant to Section 5002.2, all real property which has been designated in the general plan for retention in agricultural use indefinitely as a feature of that unit shall be made available for leasing by the department for agricultural purposes. In addition, any real property which will not be improved pursuant to the general plan for at least three years from the date of approval of the general plan, and which was being leased for agricultural purposes immediately prior to approval of the general plan, may continue to be available for leasing for agricultural purposes if the director makes written findings that use would be compatible with the general plan or until the commencement of improvements thereon.
state park system general plan approval agricultural leasing
Section § 5069.3
This law section says that if you lease land for farming purposes, the rent should reflect what the land is worth for farming. This rent money has to go where the law specifies. The maximum length of these leases is 10 years, but you can renew them if needed.
Also, these leases must get the green light from the Department of General Services. The person leasing the land must pay any property taxes that arise from their lease.
(a)CA Public Resources Code § 5069.3(a) The rent for any real property leased for agricultural purposes shall be based upon the fair market value of the real property when used for agricultural purposes. All rents shall be deposited pursuant to Section 5010.
(b)CA Public Resources Code § 5069.3(b) A lease term may not exceed 10 years. Leases may be renewed for additional terms.
(c)CA Public Resources Code § 5069.3(c) Every lease entered into pursuant to this article shall be subject to approval by the Department of General Services. Every lease shall require the lessee to pay the taxes on the lessee’s interest in the real property which become due, owing, or unpaid on the interest created by the lease.
agricultural leases fair market value lease term limit
Section § 5069.4
This section defines "agricultural purposes" as growing and harvesting plants or animals in a way that doesn't harm the land's natural state or recreational use. It specifically excludes timber harvesting and production from this definition.
For the purposes of this article, “agricultural purposes” means the growing and harvesting of plant or animal products in a manner not inconsistent with the long-term natural qualities and recreational potentials of the land. “Agricultural purposes” does not include any activity related to the harvesting and production of timber.
agricultural purposes growing plants harvesting animals
