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 6. Eminent Domain or Other Acquisition

Section 51293

51293. Same; special exceptions. Section 51292 shall not apply to:

(a) The location or construction of improvements where the board or council administering the agricultural preserve approves or agrees to the location thereof, except when the acquiring agency and administering agency are the same entity.

(b) The acquisition of easements within a preserve by the board or council administering the preserve.

(c) The location or construction of any public utility improvement which has been approved by the Public Utilities Commission.

(d) The acquisition of either (1) temporary construction easements for public utility improvements, or (2) an interest in real property for underground public utility improvements. This subdivision shall apply only where the surface of the land subject to the acquisition is returned to the condition and use that immediately predated the construction of the public improvement, and when the construction of the public utility improvement will not significantly impair agricultural use of the affected contracted parcel or parcels.

(e) The location or construction of the following types of improvements, which are hereby determined to be compatible with or to enhance land within an agricultural preserve:

(1) Flood control works, including channel rectification and alteration.

(2) Public works required for fish and wildlife enhancement and preservation.

(3) Improvements for the primary benefit of the lands within the preserve.

(f) Improvements for which the site or route has been specified by the Legislature in a manner that makes it impossible to avoid the acquisition of land under contract.

(g) All state highways on routes as described in Section 301 to 622, inclusive, of the Streets and Highways Code, as those sections read on October 1, 1965.

(h) All facilities which are part of the State Water Facilities as described in subdivision (d) of Section 12934 of the Water Code, except facilities under paragraph (6) of subdivision (d) of that section.

(i) Land upon which condemnation proceedings have been commenced prior to October 1, 1965.

(j) The acquisition of a fee interest or conservation easement for a term of at least 10 years, in order to restrict the land to agricultural or open space uses as defined by subdivisions (b) and (o) of Section 51201.

History.—Stats. 1969, p. 2816, in effect November 10, 1969, substituted "board or council" for "Director of Agriculture or the local governing body", deleted a provision concerning the local governing body, and deleted a provision requiring public utilities commission approval from subdivision (a); added subdivision (b) and (c); and relettered subdivisions (b) through (f) as subdivisions (d) through (h). Stats. 1994, Ch. 1158, in effect January 1, 1995, added ", except when the . . . the same entity" after "the location thereof" in subdivision (a); added new subdivision (d) and relettered former subdivisions (d), (e), (f), (g), and (h) as (e), (f), (g), (h), and (i), respectively; substituted "a manner that makes" for "such a manner as to make" after "the Legislature in" in subdivision (f); substituted "those" for "said" after "Highways Code, as" in subdivision (g); substituted "subdivision (d) of that section" for "said subdivision (d)" after "paragraph (6) of" in subdivision (h); and added subdivision (j).

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