California Government Code 51093 – (a) The landowner may petition the governing body of the county …
(a) The landowner may petition the governing body of the county or city for abandonment of any open-space easement or in the case of an open-space easement granted to a nonprofit organization pursuant to this chapter, for approval of abandonment by such organization, as to all of the subject land. The governing body may approve the abandonment of an open-space easement only if, by resolution, it finds:
(1) That no public purpose described in Section 51084 will be served by keeping the land as open space; and
Terms Used In California Government Code 51093
- City: means any city or city and county. See California Government Code 51075
- County: includes city and county. See California Government Code 19
- Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the open-space restriction or any extension thereof. See California Government Code 51075
- Nonprofit organization: means any organization qualifying under Section 501(c)(3) of the Internal Revenue Code in the preceding tax year, and which includes the preservation of open space as a stated purpose in its articles of incorporation. See California Government Code 51075
- Open-space easement: means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land. See California Government Code 51075
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
(2) That the abandonment is not inconsistent with the purposes of this chapter; and
(3) That the abandonment is consistent with the local general plan; and
(4) That the abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to him.
No resolution abandoning an open-space easement, or approving the abandonment of an open-space easement granted to a nonprofit organization pursuant to this chapter, shall be finally adopted until the matter has been referred to the county or city planning commission, the commission has held a public hearing thereon and furnished a report on the matter to the governing body stating whether the abandonment is consistent with the local general plan and the governing body has held at least one public hearing thereon after giving 30 days’ notice thereof by publication in accordance with § 6061 of the Government Code, and by posting notice on the land.
(b) Prior to approval of the resolution abandoning or approving the abandonment of an open-space easement, the county assessor of the county in which the land subject to the open-space easement is located shall determine the full cash value of the land as though it were free of the open-space easement. The assessor shall multiply such value by 25 percent, and shall certify the product to the governing body as the abandonment valuation of the land for the purpose of determining the abandonment fee.
(c) Prior to giving approval to the abandonment of any open-space easement, the governing body shall determine and certify to the county auditor the amount of the abandonment fee which the landowner must pay the county treasurer upon abandonment. That fee shall be an amount equal to 50 percent of the abandonment valuation of the property.
(d) Any sum collected pursuant to this section shall be transmitted by the county treasurer to the State Controller and be deposited in the State General Fund.
(e) An abandonment shall not become effective until the abandonment fee has been paid in full.
(Amended by Stats. 1977, Ch. 1178.)