California 2017 2017-2018 Regular Session

California Assembly Bill AB925 Introduced / Bill

Filed 02/16/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 925Introduced by Assembly Member FrazierFebruary 16, 2017 An act to amend Section 51243 of the Government Code, relating to agricultural land. LEGISLATIVE COUNSEL'S DIGESTAB 925, as introduced, Frazier. Williamson Act: contracts.The Williamson Act, also known as the California Land Conservation Act of 1965, authorizes a city or county to enter into contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. The act requires that each contract both (1) provide for the exclusion of uses other than agricultural and related uses for the duration of the contract and (2) be binding upon, and inure to the benefit of, all successors in interest of the owner, as provided.This bill, if the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land under specified law, would additionally require that the contract require the owner to provide additional public benefits as consideration for that additional tax relief.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 51243 of the Government Code is amended to read:51243. Every contract shall do both all of the following:(a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.(b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.(c) If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as consideration for that additional tax relief.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 925Introduced by Assembly Member FrazierFebruary 16, 2017 An act to amend Section 51243 of the Government Code, relating to agricultural land. LEGISLATIVE COUNSEL'S DIGESTAB 925, as introduced, Frazier. Williamson Act: contracts.The Williamson Act, also known as the California Land Conservation Act of 1965, authorizes a city or county to enter into contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. The act requires that each contract both (1) provide for the exclusion of uses other than agricultural and related uses for the duration of the contract and (2) be binding upon, and inure to the benefit of, all successors in interest of the owner, as provided.This bill, if the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land under specified law, would additionally require that the contract require the owner to provide additional public benefits as consideration for that additional tax relief.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 925

Introduced by Assembly Member FrazierFebruary 16, 2017

Introduced by Assembly Member Frazier
February 16, 2017

 An act to amend Section 51243 of the Government Code, relating to agricultural land. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 925, as introduced, Frazier. Williamson Act: contracts.

The Williamson Act, also known as the California Land Conservation Act of 1965, authorizes a city or county to enter into contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. The act requires that each contract both (1) provide for the exclusion of uses other than agricultural and related uses for the duration of the contract and (2) be binding upon, and inure to the benefit of, all successors in interest of the owner, as provided.This bill, if the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land under specified law, would additionally require that the contract require the owner to provide additional public benefits as consideration for that additional tax relief.

The Williamson Act, also known as the California Land Conservation Act of 1965, authorizes a city or county to enter into contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. The act requires that each contract both (1) provide for the exclusion of uses other than agricultural and related uses for the duration of the contract and (2) be binding upon, and inure to the benefit of, all successors in interest of the owner, as provided.

This bill, if the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land under specified law, would additionally require that the contract require the owner to provide additional public benefits as consideration for that additional tax relief.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 51243 of the Government Code is amended to read:51243. Every contract shall do both all of the following:(a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.(b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.(c) If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as consideration for that additional tax relief.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 51243 of the Government Code is amended to read:51243. Every contract shall do both all of the following:(a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.(b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.(c) If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as consideration for that additional tax relief.

SECTION 1. Section 51243 of the Government Code is amended to read:

### SECTION 1.

51243. Every contract shall do both all of the following:(a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.(b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.(c) If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as consideration for that additional tax relief.

51243. Every contract shall do both all of the following:(a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.(b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.(c) If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as consideration for that additional tax relief.

51243. Every contract shall do both all of the following:(a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.(b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.(c) If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as consideration for that additional tax relief.



51243. Every contract shall do both all of the following:

(a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.

(b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract.

(c) If the governing body of the city or county provides, as authorized by law, tax relief in addition to the valuation of the land pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, require the owner to provide additional public benefits as consideration for that additional tax relief.