Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2010
 

Government Code Provisions

Provisions Relating to the California Land Conservation Act of 1965 (The Williamson Act)

Chapter 7. Agricultural Land*

Article 3. Contracts

Section 51243

51243. Contract provisions. Every contract shall do both 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.

History.—Stats. 1967, p. 3214, in effect November 8, 1967, substantially revised subdivision (b) and added subdivision (c). Stats. 1968, p. 852, in effect November 13, 1968, substantially revised subdivision (b). Stats. 1969, p. 2806, in effect November 10, 1969, substantially revised the entire section. Stats. 1971, p. 4889 (First Extra Session), in effect December 8, 1971, substituted "the city has filed and the local agency formation commission has approved a protest to" for "the city protested the execution of" in the fourth sentence of subdivision (b). Stats. 1989, Ch. 943, in effect January 1, 1990, deleted "such" before "contract" in first sentence; and substituted "the" for "such" before "contract, unless" and "city at" in fourth sentence, substituted "that" for "such" after "only to" in the sixth sentence, and added the seventh sentence to subdivision (b). Stats. 1990, Ch. 841, in effect January 1, 1991, deleted "unless the land being annexed was within one mile of the city at the time that the contract was initially executed, the city has filed and the local agency formation commission has approved a protest to the contract pursuant to Section 51243.5, and the city states its intent not to succeed in its resolution of intention to annex." after "the contract" in the fourth sentence of subdivision (b), deleted the former fifth, sixth, and seventh sentences, which provided "If the city does not exercise its option to succeed, the contract becomes null and void as to the land actually being annexed on the date of annexation. In the event that only part of the land under contract was within one mile of the city the option of the city shall extend only to that part. Within 30 days of the city stating its intent not to succeed, the city shall deliver a notice of its action to the Director of Conservation."; and added the fifth sentence. Stats. 1998, Ch. 690 (SB 1835), in effect January 1, 1999, added "do both of the following" after "shall" in the first sentence; substituted "Be" for "Shall be" before "binding upon" in the first sentence, substituted "Except . . . effective date of" for "On" before "the annexation" in the fourth sentence and deleted the former fifth sentence of subdivision (b) which provided "The amendments made to this section by Assembly Bill No. 2764 of the 1989–90 Regular Session shall not apply to any executed contract for which a valid protest was filed in accordance with applicable requirements prior to January 1, 1991."

* Unless otherwise noted Chapter 7 was added by Stats. 1965, p. 3377, in effect September 17, 1965.