Bill Text: CA AB1441 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Agricultural land: Williamson Act: lot lines.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 148, Statutes of 2009. [AB1441 Detail]

Download: California-2009-AB1441-Chaptered.html

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BILL NUMBER: AB 1441	CHAPTERED
	BILL TEXT

	CHAPTER  148
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 24, 2009
	PASSED THE ASSEMBLY  MAY 11, 2009

INTRODUCED BY   Committee on Agriculture (Galgiani (Chair), Tom
Berryhill (Vice Chair), Arambula, Conway, Fuller, Ma, and Mendoza)

                        FEBRUARY 27, 2009

   An act to amend Section 51257 of the Government Code, relating to
agricultural land.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1441, Committee on Agriculture. Agricultural land: Williamson
Act: lot lines.
   Existing law, the Williamson Act, until January 1, 2010,
authorizes a city or county and a landowner to agree to rescind a
contract or contracts and simultaneously enter into a new contract or
contracts to facilitate lot line adjustments.
   This bill would extend this authorization to January 1, 2011.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51257 of the Government Code is amended to
read:
   51257.  (a) To facilitate a lot line adjustment, pursuant to
subdivision (d) of Section 66412, and notwithstanding any other
provision of this chapter, the parties may mutually agree to rescind
the contract or contracts and simultaneously enter into a new
contract or contracts pursuant to this chapter, provided that the
board or council finds all of the following:
   (1) The new contract or contracts would enforceably restrict the
adjusted boundaries of the parcel for an initial term for at least as
long as the unexpired term of the rescinded contract or contracts,
but for not less than 10 years.
   (2) There is no net decrease in the amount of the acreage
restricted. In cases where two parcels involved in a lot line
adjustment are both subject to contracts rescinded pursuant to this
section, this finding will be satisfied if the aggregate acreage of
the land restricted by the new contracts is at least as great as the
aggregate acreage restricted by the rescinded contracts.
   (3) At least 90 percent of the land under the former contract or
contracts remains under the new contract or contracts.
   (4) After the lot line adjustment, the parcels of land subject to
contract will be large enough to sustain their agricultural use, as
defined in Section 51222.
   (5) The lot line adjustment would not compromise the long-term
agricultural productivity of the parcel or other agricultural lands
subject to a contract or contracts.
   (6) The lot line adjustment is not likely to result in the removal
of adjacent land from agricultural use.
   (7) The lot line adjustment does not result in a greater number of
developable parcels than existed prior to the adjustment, or an
adjusted lot that is inconsistent with the general plan.
   (b) Nothing in this section shall limit the authority of the board
or council to enact additional conditions or restrictions on lot
line adjustments.
   (c) Only one new contract may be entered into pursuant to this
section with respect to a given parcel, prior to January 1, 2004.
   (d) In the year 2008, the department's Williamson Act Status
Report, prepared pursuant to Section 51207, shall include a review of
the performance of this section.
   (e) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2011, deletes or
extends that date.