51050. Any city or county which has adopted a general plan may
accept grants of open-space easements on privately owned lands lying
within the city or county in the manner provided in this chapter,
provided no city or county shall accept any grants of open-space
easements pursuant to this chapter on or after January 1, 1975.
51051. "Grant of an open-space easement" means a grant by an
instrument whereby the owner relinquishes to the public, either in
perpetuity or for a term of years, the right to construct
improvements upon the land except as may be expressly reserved in the
instrument and which contains a covenant with the city or county,
running with the land, either in perpetuity or for a term of years,
not to construct or permit the construction of any improvements,
except as such right is expressly reserved in the instrument and
except for public service facilities installed for the benefit of the
land subject to such covenant or public service facilities installed
pursuant to an authorization by the governing body of the city or
county or the Public Utilities Commission.
Any such reservation shall be consistent with the purposes of this
chapter or with the findings of the county or city pursuant to
Section 51056 and shall not permit any action which will materially
impair the open-space character of the land.
51052. For the purposes of this chapter, "owner" includes a lessee
or trustee, if the expiration of the lease or trust occurs at a time
later than the expiration of the easement or any extension thereof.
51053. The execution and acceptance of an instrument described in
Section 51051 shall constitute a dedication to the public of the
open-space character of the lands for the term specified. Any such
easement and covenant shall run for a term of not less than 20 years.
51054. An instrument described in Section 51051 may contain, and
the city or county in appropriate cases may require that it contain,
a covenant against the extraction of natural resources or other
activities which may destroy the unique physical and scenic
characteristics of the land or a covenant against the cutting of
timber, trees and other natural growth, except as may be required for
fire prevention, thinning, elimination of diseased growth and
similar protective measures, or for the harvest of trees in a manner
compatible with scenic purposes.
51055. No instrument described in Section 51051 shall be effective
until it has been accepted by resolution of the governing body of the
city or county and its acceptance endorsed thereon.
51056. No grant of an open-space easement shall be accepted by a
city or county, unless the governing body, by resolution, finds:
(a) That the preservation of the land as open space is consistent
with the general plan of the city and county; and
(b) That the preservation of the land as open space is in the best
interest of the state, county, or city and is important to the
public for the enjoyment of scenic beauty, for the use of natural
resources, for recreation, or for the production of food or fiber and
specifically because one or more of the following reasons exist:
(1) It is likely that at some time the public may acquire the land
for a park or other public use.
(2) The land is unimproved and has scenic value to the public as
viewed from a public highway or from public or private buildings.
(3) The retention of the land as open space will add to the
amenities of living in adjoining or neighboring urbanized areas.
(4) The land lies in an area which in the public interest should
remain rural in character and the retention of the land as open space
will help preserve the rural character of the area.
(5) It is in the public interest that the land remain in its
natural state, including the trees and other natural growth, as a
means of preventing floods or because of its value as watershed.
(6) The land lies within an established scenic highway corridor.
(7) The land is valuable to the public as a wildlife preserve or
sanctuary and the instrument contains appropriate covenants to that
end.
(8) The public interest will otherwise be served in a manner
recited in the resolution and consistent with the purposes of this
subdivision and Article XXVIII of the Constitution of the State of
California.
The resolution of the governing body shall establish a conclusive
presumption that the conditions set forth in subdivisions (a) and (b)
have been satisfied.
51057. The governing body of the city or county shall not accept
any grant of an open-space easement until the matter has first been
referred to the city or county planning department or planning
commission and a report thereon has been received from the planning
department or planning commission. Within 30 days after receiving the
proposal to accept a grant of an open-space easement, the planning
department or planning commission shall submit its report to the
governing body. The governing body may extend the time for submitting
such a report for an additional period not exceeding 30 days. The
report shall contain a statement that the proposal is, or is not,
consistent with the general plan of the jurisdiction.
51058. From and after the time when an open-space easement has been
accepted by the city or county and its acceptance endorsed thereon,
no building permit may be issued for any structure which would
violate the easement and the city or county shall seek by appropriate
proceedings an injunction against any threatened construction or
other development or activity on the land which would violate the
easement and shall seek a mandatory injunction requiring the removal
of any structure erected in violation of the easement.
In the event the county or city fails to seek an injunction
against any threatened construction or other development or activity
on the land which would violate the easement or to seek a mandatory
injunction requiring the removal of any structure erected in
violation of the easement, or if the county or city should construct
any structure or development or conduct or permit any activity in
violation of the easement, the owner of any property within the
county or city, or any resident thereof, may, by appropriate
proceedings, seek such an injunction.
Nothing in this chapter shall limit the power of the state, or any
department or agency thereof, or any county, city, school district,
or any other local public district, agency or entity, or any other
person authorized by law, to acquire land subject to an open-space
easement by eminent domain.
51059. Upon the acceptance of any instrument creating an open-space
easement the clerk of the governing body shall record the same in
the office of the county recorder and file a copy thereof with the
county assessor. From and after the time of such recordation such
contract shall impart such notice thereof to all persons as is
afforded by the recording laws of this state.
51060. From time to time, the governing body of any city or county
may accept an instrument whereby the term of any open-space easement
is extended in the same manner as is provided for the acceptance of
an instrument originally creating an open-space easement. Upon the
acceptance thereof, the same shall be recorded in the office of the
county recorder and a copy thereof filed with the county assessor.
51061. The governing body of any city or county at any time may, by
resolution, abandon an open-space easement, if it finds that no
public purpose described in subdivision (b) of Section 51056 will be
served any longer by keeping the land as open space. No resolution
abandoning an open-space easement shall be finally adopted until the
matter has been referred to the city or county planning commission,
the commission has held a public hearing thereon and furnished a
report on the matter to the governing body and the governing body has
held at least one public hearing thereon after giving 30 days notice
thereof by publication in accordance with Section 6061, and by
posting notice on the land.
Prior to approval of the resolution abandoning an open-space
easement, the governing body shall direct the county assessor to
assess the land, as if the easement did not exist, and to report such
new assessed value to the governing body. As a condition of the
abandonment of the easement, the owner shall pay to the county or
city an amount equal to 50 percent of the new assessed value of the
land; provided, however, that the governing body may waive all or any
portion of such payment, if it finds that it is consistent with the
public interest to do so, and if the waiver is approved by the
Secretary of the Resources Agency. Any such payment not waived shall
be considered deferred taxes, and a sum equal to the sum actually
collected shall be transmitted by the treasurer of the county or city
to the State Controller and be deposited in the State General Fund.
51062. Upon the recording in the office of the county recorder of a
certified copy of any resolution abandoning the open-space easement
and reciting compliance with the provisions of Section 51061, the
land subject thereto shall be deemed relieved of the easement and the
covenants of the owner contained therein shall be deemed terminated.
51063. If any land or a portion thereof as to which any city or
county has accepted an open-space easement is thereafter sought to be
condemned for public use and the city or county received the
easement as a gift without the payment of any compensation therefor,
the easement shall terminate as of the time of the filing of the
complaint in condemnation as to the land or portion thereof sought to
be taken for public use, and the owner shall be entitled to such
compensation for the taking as he would have been entitled to had the
land not been burdened by the easement.
51064. Lands subject to the grant of an open-space easement
executed and accepted in accordance with this chapter shall be deemed
to be enforceably restricted within the meaning of Section 8 of
Article XIII of the Constitution of the State of California.
51065. Nothing in this chapter shall be deemed to prevent or
restrict the right or power of any city or county to acquire by gift,
purchase or otherwise scenic easements or other rights in property
for the purpose of preserving open space or for any other purpose
under any other provisions of law.
51050. Any city or county which has adopted a general plan may
accept grants of open-space easements on privately owned lands lying
within the city or county in the manner provided in this chapter,
provided no city or county shall accept any grants of open-space
easements pursuant to this chapter on or after January 1, 1975.
51051. "Grant of an open-space easement" means a grant by an
instrument whereby the owner relinquishes to the public, either in
perpetuity or for a term of years, the right to construct
improvements upon the land except as may be expressly reserved in the
instrument and which contains a covenant with the city or county,
running with the land, either in perpetuity or for a term of years,
not to construct or permit the construction of any improvements,
except as such right is expressly reserved in the instrument and
except for public service facilities installed for the benefit of the
land subject to such covenant or public service facilities installed
pursuant to an authorization by the governing body of the city or
county or the Public Utilities Commission.
Any such reservation shall be consistent with the purposes of this
chapter or with the findings of the county or city pursuant to
Section 51056 and shall not permit any action which will materially
impair the open-space character of the land.
51052. For the purposes of this chapter, "owner" includes a lessee
or trustee, if the expiration of the lease or trust occurs at a time
later than the expiration of the easement or any extension thereof.
51053. The execution and acceptance of an instrument described in
Section 51051 shall constitute a dedication to the public of the
open-space character of the lands for the term specified. Any such
easement and covenant shall run for a term of not less than 20 years.
51054. An instrument described in Section 51051 may contain, and
the city or county in appropriate cases may require that it contain,
a covenant against the extraction of natural resources or other
activities which may destroy the unique physical and scenic
characteristics of the land or a covenant against the cutting of
timber, trees and other natural growth, except as may be required for
fire prevention, thinning, elimination of diseased growth and
similar protective measures, or for the harvest of trees in a manner
compatible with scenic purposes.
51055. No instrument described in Section 51051 shall be effective
until it has been accepted by resolution of the governing body of the
city or county and its acceptance endorsed thereon.
51056. No grant of an open-space easement shall be accepted by a
city or county, unless the governing body, by resolution, finds:
(a) That the preservation of the land as open space is consistent
with the general plan of the city and county; and
(b) That the preservation of the land as open space is in the best
interest of the state, county, or city and is important to the
public for the enjoyment of scenic beauty, for the use of natural
resources, for recreation, or for the production of food or fiber and
specifically because one or more of the following reasons exist:
(1) It is likely that at some time the public may acquire the land
for a park or other public use.
(2) The land is unimproved and has scenic value to the public as
viewed from a public highway or from public or private buildings.
(3) The retention of the land as open space will add to the
amenities of living in adjoining or neighboring urbanized areas.
(4) The land lies in an area which in the public interest should
remain rural in character and the retention of the land as open space
will help preserve the rural character of the area.
(5) It is in the public interest that the land remain in its
natural state, including the trees and other natural growth, as a
means of preventing floods or because of its value as watershed.
(6) The land lies within an established scenic highway corridor.
(7) The land is valuable to the public as a wildlife preserve or
sanctuary and the instrument contains appropriate covenants to that
end.
(8) The public interest will otherwise be served in a manner
recited in the resolution and consistent with the purposes of this
subdivision and Article XXVIII of the Constitution of the State of
California.
The resolution of the governing body shall establish a conclusive
presumption that the conditions set forth in subdivisions (a) and (b)
have been satisfied.
51057. The governing body of the city or county shall not accept
any grant of an open-space easement until the matter has first been
referred to the city or county planning department or planning
commission and a report thereon has been received from the planning
department or planning commission. Within 30 days after receiving the
proposal to accept a grant of an open-space easement, the planning
department or planning commission shall submit its report to the
governing body. The governing body may extend the time for submitting
such a report for an additional period not exceeding 30 days. The
report shall contain a statement that the proposal is, or is not,
consistent with the general plan of the jurisdiction.
51058. From and after the time when an open-space easement has been
accepted by the city or county and its acceptance endorsed thereon,
no building permit may be issued for any structure which would
violate the easement and the city or county shall seek by appropriate
proceedings an injunction against any threatened construction or
other development or activity on the land which would violate the
easement and shall seek a mandatory injunction requiring the removal
of any structure erected in violation of the easement.
In the event the county or city fails to seek an injunction
against any threatened construction or other development or activity
on the land which would violate the easement or to seek a mandatory
injunction requiring the removal of any structure erected in
violation of the easement, or if the county or city should construct
any structure or development or conduct or permit any activity in
violation of the easement, the owner of any property within the
county or city, or any resident thereof, may, by appropriate
proceedings, seek such an injunction.
Nothing in this chapter shall limit the power of the state, or any
department or agency thereof, or any county, city, school district,
or any other local public district, agency or entity, or any other
person authorized by law, to acquire land subject to an open-space
easement by eminent domain.
51059. Upon the acceptance of any instrument creating an open-space
easement the clerk of the governing body shall record the same in
the office of the county recorder and file a copy thereof with the
county assessor. From and after the time of such recordation such
contract shall impart such notice thereof to all persons as is
afforded by the recording laws of this state.
51060. From time to time, the governing body of any city or county
may accept an instrument whereby the term of any open-space easement
is extended in the same manner as is provided for the acceptance of
an instrument originally creating an open-space easement. Upon the
acceptance thereof, the same shall be recorded in the office of the
county recorder and a copy thereof filed with the county assessor.
51061. The governing body of any city or county at any time may, by
resolution, abandon an open-space easement, if it finds that no
public purpose described in subdivision (b) of Section 51056 will be
served any longer by keeping the land as open space. No resolution
abandoning an open-space easement shall be finally adopted until the
matter has been referred to the city or county planning commission,
the commission has held a public hearing thereon and furnished a
report on the matter to the governing body and the governing body has
held at least one public hearing thereon after giving 30 days notice
thereof by publication in accordance with Section 6061, and by
posting notice on the land.
Prior to approval of the resolution abandoning an open-space
easement, the governing body shall direct the county assessor to
assess the land, as if the easement did not exist, and to report such
new assessed value to the governing body. As a condition of the
abandonment of the easement, the owner shall pay to the county or
city an amount equal to 50 percent of the new assessed value of the
land; provided, however, that the governing body may waive all or any
portion of such payment, if it finds that it is consistent with the
public interest to do so, and if the waiver is approved by the
Secretary of the Resources Agency. Any such payment not waived shall
be considered deferred taxes, and a sum equal to the sum actually
collected shall be transmitted by the treasurer of the county or city
to the State Controller and be deposited in the State General Fund.
51062. Upon the recording in the office of the county recorder of a
certified copy of any resolution abandoning the open-space easement
and reciting compliance with the provisions of Section 51061, the
land subject thereto shall be deemed relieved of the easement and the
covenants of the owner contained therein shall be deemed terminated.
51063. If any land or a portion thereof as to which any city or
county has accepted an open-space easement is thereafter sought to be
condemned for public use and the city or county received the
easement as a gift without the payment of any compensation therefor,
the easement shall terminate as of the time of the filing of the
complaint in condemnation as to the land or portion thereof sought to
be taken for public use, and the owner shall be entitled to such
compensation for the taking as he would have been entitled to had the
land not been burdened by the easement.
51064. Lands subject to the grant of an open-space easement
executed and accepted in accordance with this chapter shall be deemed
to be enforceably restricted within the meaning of Section 8 of
Article XIII of the Constitution of the State of California.
51065. Nothing in this chapter shall be deemed to prevent or
restrict the right or power of any city or county to acquire by gift,
purchase or otherwise scenic easements or other rights in property
for the purpose of preserving open space or for any other purpose
under any other provisions of law.
51050. Any city or county which has adopted a general plan may
accept grants of open-space easements on privately owned lands lying
within the city or county in the manner provided in this chapter,
provided no city or county shall accept any grants of open-space
easements pursuant to this chapter on or after January 1, 1975.
51051. "Grant of an open-space easement" means a grant by an
instrument whereby the owner relinquishes to the public, either in
perpetuity or for a term of years, the right to construct
improvements upon the land except as may be expressly reserved in the
instrument and which contains a covenant with the city or county,
running with the land, either in perpetuity or for a term of years,
not to construct or permit the construction of any improvements,
except as such right is expressly reserved in the instrument and
except for public service facilities installed for the benefit of the
land subject to such covenant or public service facilities installed
pursuant to an authorization by the governing body of the city or
county or the Public Utilities Commission.
Any such reservation shall be consistent with the purposes of this
chapter or with the findings of the county or city pursuant to
Section 51056 and shall not permit any action which will materially
impair the open-space character of the land.
51052. For the purposes of this chapter, "owner" includes a lessee
or trustee, if the expiration of the lease or trust occurs at a time
later than the expiration of the easement or any extension thereof.
51053. The execution and acceptance of an instrument described in
Section 51051 shall constitute a dedication to the public of the
open-space character of the lands for the term specified. Any such
easement and covenant shall run for a term of not less than 20 years.
51054. An instrument described in Section 51051 may contain, and
the city or county in appropriate cases may require that it contain,
a covenant against the extraction of natural resources or other
activities which may destroy the unique physical and scenic
characteristics of the land or a covenant against the cutting of
timber, trees and other natural growth, except as may be required for
fire prevention, thinning, elimination of diseased growth and
similar protective measures, or for the harvest of trees in a manner
compatible with scenic purposes.
51055. No instrument described in Section 51051 shall be effective
until it has been accepted by resolution of the governing body of the
city or county and its acceptance endorsed thereon.
51056. No grant of an open-space easement shall be accepted by a
city or county, unless the governing body, by resolution, finds:
(a) That the preservation of the land as open space is consistent
with the general plan of the city and county; and
(b) That the preservation of the land as open space is in the best
interest of the state, county, or city and is important to the
public for the enjoyment of scenic beauty, for the use of natural
resources, for recreation, or for the production of food or fiber and
specifically because one or more of the following reasons exist:
(1) It is likely that at some time the public may acquire the land
for a park or other public use.
(2) The land is unimproved and has scenic value to the public as
viewed from a public highway or from public or private buildings.
(3) The retention of the land as open space will add to the
amenities of living in adjoining or neighboring urbanized areas.
(4) The land lies in an area which in the public interest should
remain rural in character and the retention of the land as open space
will help preserve the rural character of the area.
(5) It is in the public interest that the land remain in its
natural state, including the trees and other natural growth, as a
means of preventing floods or because of its value as watershed.
(6) The land lies within an established scenic highway corridor.
(7) The land is valuable to the public as a wildlife preserve or
sanctuary and the instrument contains appropriate covenants to that
end.
(8) The public interest will otherwise be served in a manner
recited in the resolution and consistent with the purposes of this
subdivision and Article XXVIII of the Constitution of the State of
California.
The resolution of the governing body shall establish a conclusive
presumption that the conditions set forth in subdivisions (a) and (b)
have been satisfied.
51057. The governing body of the city or county shall not accept
any grant of an open-space easement until the matter has first been
referred to the city or county planning department or planning
commission and a report thereon has been received from the planning
department or planning commission. Within 30 days after receiving the
proposal to accept a grant of an open-space easement, the planning
department or planning commission shall submit its report to the
governing body. The governing body may extend the time for submitting
such a report for an additional period not exceeding 30 days. The
report shall contain a statement that the proposal is, or is not,
consistent with the general plan of the jurisdiction.
51058. From and after the time when an open-space easement has been
accepted by the city or county and its acceptance endorsed thereon,
no building permit may be issued for any structure which would
violate the easement and the city or county shall seek by appropriate
proceedings an injunction against any threatened construction or
other development or activity on the land which would violate the
easement and shall seek a mandatory injunction requiring the removal
of any structure erected in violation of the easement.
In the event the county or city fails to seek an injunction
against any threatened construction or other development or activity
on the land which would violate the easement or to seek a mandatory
injunction requiring the removal of any structure erected in
violation of the easement, or if the county or city should construct
any structure or development or conduct or permit any activity in
violation of the easement, the owner of any property within the
county or city, or any resident thereof, may, by appropriate
proceedings, seek such an injunction.
Nothing in this chapter shall limit the power of the state, or any
department or agency thereof, or any county, city, school district,
or any other local public district, agency or entity, or any other
person authorized by law, to acquire land subject to an open-space
easement by eminent domain.
51059. Upon the acceptance of any instrument creating an open-space
easement the clerk of the governing body shall record the same in
the office of the county recorder and file a copy thereof with the
county assessor. From and after the time of such recordation such
contract shall impart such notice thereof to all persons as is
afforded by the recording laws of this state.
51060. From time to time, the governing body of any city or county
may accept an instrument whereby the term of any open-space easement
is extended in the same manner as is provided for the acceptance of
an instrument originally creating an open-space easement. Upon the
acceptance thereof, the same shall be recorded in the office of the
county recorder and a copy thereof filed with the county assessor.
51061. The governing body of any city or county at any time may, by
resolution, abandon an open-space easement, if it finds that no
public purpose described in subdivision (b) of Section 51056 will be
served any longer by keeping the land as open space. No resolution
abandoning an open-space easement shall be finally adopted until the
matter has been referred to the city or county planning commission,
the commission has held a public hearing thereon and furnished a
report on the matter to the governing body and the governing body has
held at least one public hearing thereon after giving 30 days notice
thereof by publication in accordance with Section 6061, and by
posting notice on the land.
Prior to approval of the resolution abandoning an open-space
easement, the governing body shall direct the county assessor to
assess the land, as if the easement did not exist, and to report such
new assessed value to the governing body. As a condition of the
abandonment of the easement, the owner shall pay to the county or
city an amount equal to 50 percent of the new assessed value of the
land; provided, however, that the governing body may waive all or any
portion of such payment, if it finds that it is consistent with the
public interest to do so, and if the waiver is approved by the
Secretary of the Resources Agency. Any such payment not waived shall
be considered deferred taxes, and a sum equal to the sum actually
collected shall be transmitted by the treasurer of the county or city
to the State Controller and be deposited in the State General Fund.
51062. Upon the recording in the office of the county recorder of a
certified copy of any resolution abandoning the open-space easement
and reciting compliance with the provisions of Section 51061, the
land subject thereto shall be deemed relieved of the easement and the
covenants of the owner contained therein shall be deemed terminated.
51063. If any land or a portion thereof as to which any city or
county has accepted an open-space easement is thereafter sought to be
condemned for public use and the city or county received the
easement as a gift without the payment of any compensation therefor,
the easement shall terminate as of the time of the filing of the
complaint in condemnation as to the land or portion thereof sought to
be taken for public use, and the owner shall be entitled to such
compensation for the taking as he would have been entitled to had the
land not been burdened by the easement.
51064. Lands subject to the grant of an open-space easement
executed and accepted in accordance with this chapter shall be deemed
to be enforceably restricted within the meaning of Section 8 of
Article XIII of the Constitution of the State of California.
51065. Nothing in this chapter shall be deemed to prevent or
restrict the right or power of any city or county to acquire by gift,
purchase or otherwise scenic easements or other rights in property
for the purpose of preserving open space or for any other purpose
under any other provisions of law.
