10260. (a) In determining the amount of funding to be provided for
an agricultural conservation easement or fee acquisition grant, the
department shall take reasonable steps to ensure that the total
purchase price of the agricultural conservation easement or, in the
case of a fee title acquisition, the total purchase price of the
subject property does not exceed fair market value, taking into
consideration the funding from all sources. The determination of fair
market value shall be accomplished, as follows:
(1) An applicant shall select and retain an independent real
estate appraiser to determine the value of the subject property,
including any proposed agricultural conservation easement.
(2) The department shall review and consider an applicant's
appraisal and may, at its sole discretion, require or obtain an
additional appraisal.
(3) The easement value shall be calculated by determining the
difference between the fair market value and the restricted value of
the property.
(b) The department may conditionally approve grant applications
prior to completion of final appraisals, provided an acceptable
appraisal and all other requirements of this division are met before
any disbursement of grant funds.
(c) The department shall have final authority to determine the
acceptability of an appraisal pursuant to this division.
10260.5. For purposes of this division, an agricultural
conservation easement shall be recorded in the county recorder's
office in each county in which the real property affected is located.
Once recorded, the easement shall attach to the real property in
perpetuity.
10261. (a) Whenever any entity exercises the power of eminent
domain to acquire land subject to an agricultural conservation
easement under this program, the condemnor shall pay just
compensation to the owner of the land in fee and to the owner of the
easement as follows:
(1) The owner of the land in fee shall be paid the full value that
would have been payable to the owner but for the existence of the
easement less the fair market value of the easement, as determined by
an independent appraisal, at the time of condemnation.
(2) The program, and any other contributing parties if so provided
in the easement, shall be paid the value of the easement at the time
of condemnation.
(b) The director may provide, by regulation, or, pursuant to the
terms of the easement, that in the case of acquisition of the
easement by a federal agency, that the agency shall agree to the
amount of compensation paid for the easement that is determined
pursuant to subdivision (a), or pay the current fair market value of
the land subject to an agricultural easement. The director shall
distribute the proceeds of a land sale that is made in accordance
with the conditions set forth in subdivision (a).
10262. An agricultural conservation easement shall not prevent any
of the following:
(a) The granting of leases, assignments, or other conveyances, or
the issuing of permits, licenses, or other authorization, for the
exploration, development, storage, or removal of oil and gas by the
owner of the subject land, or for the development of related
facilities or for the conduct of incidental activities, as long as
the agricultural productivity of the subject land and any multiple
uses that made the acquisition a priority for selection under the
program, are not thereby significantly impaired.
(b) The granting of rights-of-way by the owner of the subject land
in and through the land for the installation, transportation, or use
of water, sewage, electric, telephone, gas, oil, or oil products
lines, stock water development and storage, energy generation, and
fencing, provided that the agricultural productivity of the land and
any multiple uses that made the acquisition a priority for selection
under the program, are not significantly impaired by those
activities.
(c) The construction and use of structures on the subject land
that are necessary for agricultural production and marketing,
including, but not limited to, barns, shops, packing sheds, cooling
facilities, greenhouses, roadside marketing stands, stock water
development and storage, energy generation, and fencing, provided
that the agricultural productivity of the land and any multiple uses
that made the acquisition a priority for selection under the program,
are not significantly impaired by those activities.
(d) Customary part time or off season rural enterprises or
activities, including, but not limited to, hunting and fishing,
wildlife habitat improvement, predator control, timber harvesting,
and firewood production, provided that the agricultural productivity
of the land and any multiple uses that made the acquisition a
priority for selection under the program, are not significantly
impaired by those activities.
10262.1. Except as provided in Section 10238, an easement may, at
the request of the landowner, establish provisions that are more
restrictive than those restrictions prescribed in this division.
10262.2. An agricultural conservation easement may provide for
either or both of the following:
(a) Construction and use of additional residences for the
immediate family members, as defined in subdivision (c) of Section
51230.1 of the Government Code, of the landowner.
(b) Construction and use of structures on the subject land for the
purpose of providing necessary housing for seasonal or full-time
employees of the agricultural operation.
10262.5. The granting of an agricultural conservation easement
under this division shall not be interpreted to convey any rights of
public access to the subject property.
10263. (a) The department shall act on an application for a grant
within 180 days after the department determines that it is complete.
(b) If the department disapproves a grant application, the
applicant shall be given written notice of the disapproval within 10
days of the department's decision. The written notice shall state the
reason for the disapproval of the application.
10264. The director shall disapprove the application for a grant
for the acquisition of an agricultural conservation easement or fee
title in any of the following circumstances:
(a) The application does not satisfy the eligibility criteria set
forth in Section 10251.
(b) The department has determined that clear title to the
agricultural conservation easement cannot be conveyed.
(c) There is insufficient money in the fund to carry out the
acquisition.
(d) Other acquisitions have a higher priority.
10260. (a) In determining the amount of funding to be provided for
an agricultural conservation easement or fee acquisition grant, the
department shall take reasonable steps to ensure that the total
purchase price of the agricultural conservation easement or, in the
case of a fee title acquisition, the total purchase price of the
subject property does not exceed fair market value, taking into
consideration the funding from all sources. The determination of fair
market value shall be accomplished, as follows:
(1) An applicant shall select and retain an independent real
estate appraiser to determine the value of the subject property,
including any proposed agricultural conservation easement.
(2) The department shall review and consider an applicant's
appraisal and may, at its sole discretion, require or obtain an
additional appraisal.
(3) The easement value shall be calculated by determining the
difference between the fair market value and the restricted value of
the property.
(b) The department may conditionally approve grant applications
prior to completion of final appraisals, provided an acceptable
appraisal and all other requirements of this division are met before
any disbursement of grant funds.
(c) The department shall have final authority to determine the
acceptability of an appraisal pursuant to this division.
10260.5. For purposes of this division, an agricultural
conservation easement shall be recorded in the county recorder's
office in each county in which the real property affected is located.
Once recorded, the easement shall attach to the real property in
perpetuity.
10261. (a) Whenever any entity exercises the power of eminent
domain to acquire land subject to an agricultural conservation
easement under this program, the condemnor shall pay just
compensation to the owner of the land in fee and to the owner of the
easement as follows:
(1) The owner of the land in fee shall be paid the full value that
would have been payable to the owner but for the existence of the
easement less the fair market value of the easement, as determined by
an independent appraisal, at the time of condemnation.
(2) The program, and any other contributing parties if so provided
in the easement, shall be paid the value of the easement at the time
of condemnation.
(b) The director may provide, by regulation, or, pursuant to the
terms of the easement, that in the case of acquisition of the
easement by a federal agency, that the agency shall agree to the
amount of compensation paid for the easement that is determined
pursuant to subdivision (a), or pay the current fair market value of
the land subject to an agricultural easement. The director shall
distribute the proceeds of a land sale that is made in accordance
with the conditions set forth in subdivision (a).
10262. An agricultural conservation easement shall not prevent any
of the following:
(a) The granting of leases, assignments, or other conveyances, or
the issuing of permits, licenses, or other authorization, for the
exploration, development, storage, or removal of oil and gas by the
owner of the subject land, or for the development of related
facilities or for the conduct of incidental activities, as long as
the agricultural productivity of the subject land and any multiple
uses that made the acquisition a priority for selection under the
program, are not thereby significantly impaired.
(b) The granting of rights-of-way by the owner of the subject land
in and through the land for the installation, transportation, or use
of water, sewage, electric, telephone, gas, oil, or oil products
lines, stock water development and storage, energy generation, and
fencing, provided that the agricultural productivity of the land and
any multiple uses that made the acquisition a priority for selection
under the program, are not significantly impaired by those
activities.
(c) The construction and use of structures on the subject land
that are necessary for agricultural production and marketing,
including, but not limited to, barns, shops, packing sheds, cooling
facilities, greenhouses, roadside marketing stands, stock water
development and storage, energy generation, and fencing, provided
that the agricultural productivity of the land and any multiple uses
that made the acquisition a priority for selection under the program,
are not significantly impaired by those activities.
(d) Customary part time or off season rural enterprises or
activities, including, but not limited to, hunting and fishing,
wildlife habitat improvement, predator control, timber harvesting,
and firewood production, provided that the agricultural productivity
of the land and any multiple uses that made the acquisition a
priority for selection under the program, are not significantly
impaired by those activities.
10262.1. Except as provided in Section 10238, an easement may, at
the request of the landowner, establish provisions that are more
restrictive than those restrictions prescribed in this division.
10262.2. An agricultural conservation easement may provide for
either or both of the following:
(a) Construction and use of additional residences for the
immediate family members, as defined in subdivision (c) of Section
51230.1 of the Government Code, of the landowner.
(b) Construction and use of structures on the subject land for the
purpose of providing necessary housing for seasonal or full-time
employees of the agricultural operation.
10262.5. The granting of an agricultural conservation easement
under this division shall not be interpreted to convey any rights of
public access to the subject property.
10263. (a) The department shall act on an application for a grant
within 180 days after the department determines that it is complete.
(b) If the department disapproves a grant application, the
applicant shall be given written notice of the disapproval within 10
days of the department's decision. The written notice shall state the
reason for the disapproval of the application.
10264. The director shall disapprove the application for a grant
for the acquisition of an agricultural conservation easement or fee
title in any of the following circumstances:
(a) The application does not satisfy the eligibility criteria set
forth in Section 10251.
(b) The department has determined that clear title to the
agricultural conservation easement cannot be conveyed.
(c) There is insufficient money in the fund to carry out the
acquisition.
(d) Other acquisitions have a higher priority.
10260. (a) In determining the amount of funding to be provided for
an agricultural conservation easement or fee acquisition grant, the
department shall take reasonable steps to ensure that the total
purchase price of the agricultural conservation easement or, in the
case of a fee title acquisition, the total purchase price of the
subject property does not exceed fair market value, taking into
consideration the funding from all sources. The determination of fair
market value shall be accomplished, as follows:
(1) An applicant shall select and retain an independent real
estate appraiser to determine the value of the subject property,
including any proposed agricultural conservation easement.
(2) The department shall review and consider an applicant's
appraisal and may, at its sole discretion, require or obtain an
additional appraisal.
(3) The easement value shall be calculated by determining the
difference between the fair market value and the restricted value of
the property.
(b) The department may conditionally approve grant applications
prior to completion of final appraisals, provided an acceptable
appraisal and all other requirements of this division are met before
any disbursement of grant funds.
(c) The department shall have final authority to determine the
acceptability of an appraisal pursuant to this division.
10260.5. For purposes of this division, an agricultural
conservation easement shall be recorded in the county recorder's
office in each county in which the real property affected is located.
Once recorded, the easement shall attach to the real property in
perpetuity.
10261. (a) Whenever any entity exercises the power of eminent
domain to acquire land subject to an agricultural conservation
easement under this program, the condemnor shall pay just
compensation to the owner of the land in fee and to the owner of the
easement as follows:
(1) The owner of the land in fee shall be paid the full value that
would have been payable to the owner but for the existence of the
easement less the fair market value of the easement, as determined by
an independent appraisal, at the time of condemnation.
(2) The program, and any other contributing parties if so provided
in the easement, shall be paid the value of the easement at the time
of condemnation.
(b) The director may provide, by regulation, or, pursuant to the
terms of the easement, that in the case of acquisition of the
easement by a federal agency, that the agency shall agree to the
amount of compensation paid for the easement that is determined
pursuant to subdivision (a), or pay the current fair market value of
the land subject to an agricultural easement. The director shall
distribute the proceeds of a land sale that is made in accordance
with the conditions set forth in subdivision (a).
10262. An agricultural conservation easement shall not prevent any
of the following:
(a) The granting of leases, assignments, or other conveyances, or
the issuing of permits, licenses, or other authorization, for the
exploration, development, storage, or removal of oil and gas by the
owner of the subject land, or for the development of related
facilities or for the conduct of incidental activities, as long as
the agricultural productivity of the subject land and any multiple
uses that made the acquisition a priority for selection under the
program, are not thereby significantly impaired.
(b) The granting of rights-of-way by the owner of the subject land
in and through the land for the installation, transportation, or use
of water, sewage, electric, telephone, gas, oil, or oil products
lines, stock water development and storage, energy generation, and
fencing, provided that the agricultural productivity of the land and
any multiple uses that made the acquisition a priority for selection
under the program, are not significantly impaired by those
activities.
(c) The construction and use of structures on the subject land
that are necessary for agricultural production and marketing,
including, but not limited to, barns, shops, packing sheds, cooling
facilities, greenhouses, roadside marketing stands, stock water
development and storage, energy generation, and fencing, provided
that the agricultural productivity of the land and any multiple uses
that made the acquisition a priority for selection under the program,
are not significantly impaired by those activities.
(d) Customary part time or off season rural enterprises or
activities, including, but not limited to, hunting and fishing,
wildlife habitat improvement, predator control, timber harvesting,
and firewood production, provided that the agricultural productivity
of the land and any multiple uses that made the acquisition a
priority for selection under the program, are not significantly
impaired by those activities.
10262.1. Except as provided in Section 10238, an easement may, at
the request of the landowner, establish provisions that are more
restrictive than those restrictions prescribed in this division.
10262.2. An agricultural conservation easement may provide for
either or both of the following:
(a) Construction and use of additional residences for the
immediate family members, as defined in subdivision (c) of Section
51230.1 of the Government Code, of the landowner.
(b) Construction and use of structures on the subject land for the
purpose of providing necessary housing for seasonal or full-time
employees of the agricultural operation.
10262.5. The granting of an agricultural conservation easement
under this division shall not be interpreted to convey any rights of
public access to the subject property.
10263. (a) The department shall act on an application for a grant
within 180 days after the department determines that it is complete.
(b) If the department disapproves a grant application, the
applicant shall be given written notice of the disapproval within 10
days of the department's decision. The written notice shall state the
reason for the disapproval of the application.
10264. The director shall disapprove the application for a grant
for the acquisition of an agricultural conservation easement or fee
title in any of the following circumstances:
(a) The application does not satisfy the eligibility criteria set
forth in Section 10251.
(b) The department has determined that clear title to the
agricultural conservation easement cannot be conveyed.
(c) There is insufficient money in the fund to carry out the
acquisition.
(d) Other acquisitions have a higher priority.
