California Government Code 51297 – A petition for cancellation of a farmland security zone contract …
A petition for cancellation of a farmland security zone contract created under this article may be filed only by the landowner with the city or county within which the contracted land is located. The city or county may grant a petition only in accordance with the procedures provided for in Article 5 (commencing with Section 51280) and only if all the following requirements are met:
(a) The city or county shall make both of the findings specified in paragraphs (1) and (2) of subdivision (a) of Section 51282, based on substantial evidence in the record. Subdivisions (b) to (e), inclusive, of Section 51282 shall apply to the findings made by the city or county.
Terms Used In California Government Code 51297
- Agricultural use: means use of land, including but not limited to greenhouses, for the purpose of producing an agricultural commodity for commercial purposes. See California Government Code 51201
- Board: means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
- city: means the county or city having jurisdiction over the land. See California Government Code 51201
- Contract: A legal written agreement that becomes binding when signed.
- Council: means the city council of a city which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
- County: includes city and county. See California Government Code 19
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(b) Prior to issuing tentative approval of the cancellation of the contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner will be required to pay the county treasurer upon cancellation of the contract. The cancellation fee shall be in an amount that equals 25 percent of the cancellation valuation of the property.
(c) In its resolution tentatively approving cancellation of the contract, the city or county shall find all of the following:
(1) That no beneficial public purpose would be served by the continuation of the contract.
(2) That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the local government.
(3) That the landowner has paid a cancellation fee equal to 25 percent of the cancellation valuation calculated in accordance with subdivision (b).
(d) A finding that no authorized use may be made of a remnant contract parcel of five acres or less left by public acquisition pursuant to Section 51295, may be substituted for the finding in subdivision (a).
(Amended by Stats. 2021, Ch. 644, Sec. 17. (SB 574) Effective January 1, 2022.)