California Senate Bill SB555 Amended / Bill

 BILL NUMBER: SB 555AMENDED BILL TEXT AMENDED IN SENATE APRIL 28, 2009 AMENDED IN SENATE APRIL 13, 2009 INTRODUCED BY Senator Kehoe FEBRUARY 27, 2009 An act to add Section 1240.055 to the Code of Civil Procedure, relating to eminent domain. LEGISLATIVE COUNSEL'S DIGEST SB 555, as amended, Kehoe. Eminent Domain Law: conservation easement. Existing law authorizes various agencies to acquire land for purposes related to conservation. Existing law provides for a conservation easement to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. Existing law establishes procedures for the independent appraisal review of land to be acquired for conservation and establishes a conservation easement registry. Existing law prohibits, with a specified exception, conservation lands from being sold to another owner or having possession and control transferred to another agency, unless specified actions occur. The California Constitution permits private property to be taken or damaged for public use only when just compensation is paid. The Eminent Domain Law prescribes how that constitutionally authorized power may be exercised and permits that exercise only for a public use. This bill would revise the Eminent Domain Law to prohibit a person from acquiring a conservation easement by eminent domain, unless specified procedures are followed. The bill would require the person to give the holder of the easement notice and an opportunity to state any objections to the proceedings. To the extent that this bill would impose new duties on a local governmental entity, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1240.055 is added to the Code of Civil Procedure, to read: 1240.055. (a) As used in this section, the following terms have the following meanings: (1) "Conservation easement" means a recorded conservation easement as defined in Section 815.1 of the Civil Code. (2) "Person" means any person authorized to acquire property by eminent domain. (3) "Property appropriated to public use," as used in Article 6 (commencing with Section  1240.410)   1240.510)  and Article 7 (commencing with Section 1240.610), includes a conservation easement. (b) A person authorized to acquire property for a particular use by eminent domain shall not exercise the power of eminent domain to acquire  for public use   , for public use,  property that is subject to a conservation easement, except as provided in this section. (c) When it appears that property subject to a conservation easement may be required for a public use, the person seeking to acquire the property shall, not less than  30 days prior to the date it intends to initiate eminent domain proceedings   90 days prior to the hearing on the resolution of necessity  , provide written notice to the entity or organization that holds the conservation easement of its intention to initiate eminent domain proceedings to acquire property that is subject to a conservation easement. (1) The notice shall: (A) Provide a general description, in text or by diagram, of the property subject to a conservation easement that is proposed for acquisition. (B) Provide a description of the public use or improvement that the person is considering for the property. (C) Provide an opportunity for the holder of the conservation easement to consult with the person seeking to acquire the property prior to commencement of eminent domain proceedings.  (D) Inform the easement holder that, upon receipt of the notice, the easement holder shall inform the person intending to initiate eminent domain proceedings of the name and address of any public entity that provided funds for the purchase of the easement or required it as a condition of approval.  (2) Within 30 days after receipt of notice from the person seeking to acquire the property, the holder of the conservation easement may state in writing its objections to the acquisition, including identifying any potential conflict between the public use proposed for the property and the particular characteristics of the conservation easement. (3) The person intending to acquire the property subject to a conservation easement shall, within 30 days after receipt of comments from the holder of the conservation easement, respond in writing to the comments. (d) If the conservation easement was purchased with state or local public funds or if a public entity required the conservation easement as a condition of project approval, the easement holder upon receipt of the notice pursuant to paragraph (1) shall inform the person intending to initiate eminent domain proceedings of the name and address of any public entity that provided funds for the purchase of the easement or required it as a condition of approval. The  easement holder   person intending to initiate eminent domain proceedings  shall provide to the public entity that provided funds or required the easement the same notice described in paragraph (1) of subdivision (c) and the public entity shall have 30 days after receipt of notice from the  easement holder   person intending to initiate eminent domain proceedings  to state in writing its objections to the acquisition. This provision shall not apply if there are no recorded documents that evidence, and the easement holder has no record or independent knowledge of, the identity of the public entity that provided funds to purchase the conservation easement or that required the conservation easement as a condition of approval. (e) In any eminent domain proceeding to acquire property subject to a conservation easement: (1) The provisions of Section 815.2 of the Civil Code shall apply. (2) The holder of the conservation easement shall be named as a defendant, as set forth in Section 1250.220, may appear in the proceedings as set forth in Section 1250.230, and shall have all the same rights and obligations as any other defendant in the eminent domain proceeding.  (g)   (f) No person shall initiate eminent domain proceedings against property subject to a conservation easement unless the following findings are made:   (1) The location is not based primarily on a consideration of the lower cost of acquiring the property.   (2) There is no other land within the vicinity on which it is reasonably feasible to locate the public improvement.   (f)  The holder of a conservation easement is an owner of property entitled to compensation if that property is taken, pursuant to Section 1263.010. Compensation for the taking of all interests in the property subject to a conservation easement shall be no less than the compensation paid for the property if it were unencumbered by that conservation easement.  (g) This section shall not apply if the requirements of Section 1348.3 of the Fish and Game Code apply.  SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.