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 5. Cancellation

Section 51283.4

51283.4. Certificate of tentative cancellation fees. (a) Upon tentative approval of a petition accompanied by a proposal for a specified alternative use of the land, the clerk of the board or council shall record in the office of the county recorder of the county in which is located the land as to which the contract is applicable a certificate of tentative cancellation, which shall set forth the name of the landowner requesting the cancellation, the fact that a certificate of cancellation of contract will be issued and recorded at the time that specified conditions and contingencies are satisfied, a description of the conditions and contingencies which must be satisfied, and a legal description of the property. Conditions to be satisfied shall include payment in full of the amount of the fee computed under the provisions of Sections 51283, together with a statement that unless the fee is paid, or a certificate of cancellation of contract is issued within one year from the date of the recording of the certificate of tentative cancellation, the fee shall be recomputed as of the date of notice described in subdivision (b) or the date the landowner requests a recomputation. A landowner may request a recomputation when he or she believes that he or she will be able to satisfy the conditions and contingencies of the certificate of cancellation within 180 days. The board or council shall request the assessor to recompute the cancellation valuation. The assessor shall recompute the valuation, certify it to the board or council, and provide notice to the Department of Conservation and landowner as provided in subdivision (a) of Section 51283, and the board or council shall certify the fee to the county auditor. Any provisions related to the waiver of the fee or portion thereof shall be treated in the manner provided for in the certificate of tentative cancellation. Contingencies to be satisfied shall include a requirement that the landowner obtain all permits necessary to commence the project. The board or council may, at the request of the landowner, amend a tentatively approved specified alternative use if it finds that the amendment is consistent with the findings made pursuant to subdivision (a) of Section 51282.

(b) The landowner shall notify the board or council when he or she has satisfied the conditions and contingencies enumerated in the certificate of tentative cancellation. Within 30 days of receipt of the notice, and upon a determination that the conditions and contingencies have been satisfied, the board or council shall execute a certificate of cancellation of contract, cause the certificate to be recorded, and send a copy to the Director of Conservation.

(c) If the landowner has been unable to satisfy the conditions and contingencies enumerated in the certificate of tentative cancellation, the landowner shall notify the board or council of the particular conditions or contingencies he or she is unable to satisfy. Within 30 days of receipt of the notice, and upon a determination that the landowner is unable to satisfy the conditions and contingencies listed, the board or council shall execute a certificate of withdrawal of tentative approval of a cancellation of contract and cause the same to be recorded. However, the landowner shall not be entitled to the refund of any cancellation fee paid.

History.—Added by Stats. 1978, Ch. 1120, in effect January 1, 1979. Stats. 1981, Ch. 1095, in effect January 1, 1982, added "the fee is paid, or" after "unless" in the second sentence of subdivision (a), substituted "necessary to commence the project" for "required by any governmental agency relative to the proposed alternative use of the land" after "permits" in the fourth sentence thereof, and added the fifth sentence; and added the third sentence to subdivision (c). Stats. 2004, Ch. 794 (SB 1820), in effect January 1, 2005, substituted "the landowner requests a recomputation" for "of notice described in subdivision (b)" after "of the date" in the second sentence and added the third, fourth and fifth sentences to subdivision (a) and substituted ", cause the certificate to be recorded, and send a copy to the Director of Conservation" for "and cause the same to be recorded" after "of the contract" in the second sentence of subdivision (b). Amended by Stats. 2005, Ch. 245 (SB 49), in effect September 22, 2005.

Note.—Stats. 2005, Ch. 245 (SB 49), see note after Section 51203.

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