Article 1 Declaration
Article 2 Definitions
Article 3 General Provisions
Article 4 Termination of an Open-Space Easement
Article 5 Eminent Domain and Other Provisions

Terms Used In California Codes > Government Code > Title 5 > Division 1 > Part 1 > Chapter 6.6

  • Alarm agent: means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Government Code 50715
  • Alarm system: means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police may respond. See California Government Code 50715
  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. See California Revenue and Taxation Code 41133
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bequest: Property gifted by will.
  • Board: means the Public Employment Relations Board created pursuant to Section 3541. See California Penal Code 27235
  • Bureau: means the Cemetery and Funeral Bureau. See California Government Code 51073
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • City: means any city or city and county. See California Government Code 51075
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: includes :

    California Education Code 8091

  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: includes city and county. See California Education Code 17321
  • County: includes city and county. See California Government Code 50967
  • County: includes "city and county. See California Education Code 7005
  • County: includes city and county. See California Education Code 19958
  • County: includes city and county. See California Education Code 19428
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles. See California Government Code 50715
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Food and Agriculture. See California Education Code 19959
  • Department: means the Department of Consumer Affairs. See California Government Code 51073
  • Devise: To gift property by will.
  • Director: means the Director of Consumer Affairs. See California Government Code 51073
  • Employee organization: means an organization that includes employees of a public school employer and that has as one of its primary purposes representing those employees in their relations with that public school employer. See California Penal Code 27235
  • employer: means the governing board of a school district, a school district, a county board of education, a county superintendent of schools, a charter school that has declared itself a public school employer pursuant to subdivision (b) of Section 47611. See California Penal Code 27235
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Exclusive representative: means the employee organization recognized or certified as the exclusive negotiating representative of public school employees, as "public school employee" is defined in subdivision (j), in an appropriate unit of a public school employer. See California Penal Code 27235
  • firearm: includes the frame or receiver of the weapon:

    California Revenue and Taxation Code 41176

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensee: means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Education Code 17351
  • Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Government Code 50715
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • maintenance: includes any of the following:

    California Education Code 8070

  • 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
  • Oath: includes affirmation. See California Education Code 19423
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Open-space plan: means the open-space element of a county or city general plan adopted by the local governing body pursuant to Section 65560 of the Government Code. See California Government Code 51075
  • order: include a decree, as appropriate under the circumstances. See California Government Code 50972
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Government Code 50973
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Education Code 7052
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Education Code 19963
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
  • Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Government Code 50715
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes an action. See California Government Code 50974
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • Property: includes real and personal property and any interest therein. See California Government Code 50975
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Respondent: includes defendant, where appropriate. See California Government Code 50979
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 51072
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Government Code 51073
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Education Code 17319
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Government Code 51075
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Volunteer: means any person who, of his own free will, provides goods or services, without any financial gain, to any state agency, as defined in Section 11000. See California Government Code 3111