Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2011
 

Government Code Provisions

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

Chapter 7. Agricultural Land*

Article 2.5. Agricultural Preserves

Section 51238

51238. Facilities as compatible uses. (a) (1) Notwithstanding any determination of compatible uses by the county or city pursuant to this article, unless the board or council after notice and hearing makes a finding to the contrary, the erection, construction, alteration, or maintenance of gas, electric, water, communication, or agricultural laborer housing facilities are hereby determined to be compatible uses within any agricultural preserve.

(2) No land occupied by gas, electric, water, communication, or agricultural laborer housing facilities shall be excluded from an agricultural preserve by reason of that use.

(b) The board of supervisors may impose conditions on lands or land uses to be placed within preserves to permit and encourage compatible uses in conformity with Section 51238.1, particularly public outdoor recreational uses.

History.—Stats. 1972, p. 2687, in effect March 7, 1973, added the second paragraph. Stats. 1978, Ch. 1120, in effect January 1, 1979, deleted "utility" after "communication" in the first and second sentences of the first paragraph. Stats. 1980, Ch. 1219, in effect January 1, 1981, added "or agricultural laborer housing" after "communication" in the first and second sentences of the first paragraph. Stats. 1994, Ch. 1251, in effect January 1, 1995, substituted "that" for "such" after "by reason of" in the second sentence of the first paragraph; added "or land uses" after "conditions on lands", and substituted "uses in conformity with Section 51238.1," after "and encourage compatible" in the second paragraph. Stats. 1999, Ch. 967 (AB 1505), in effect January 1, 2000, added subdivision letters and numbers (a), (1) and (2), and (b).

Note.—Section 5 of Stats. 1980, Ch. 1219, provided no payment by state to local governments because of this act; however, a local agency or school district may pursue other remedies to obtain reimbursement.

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

† Article 2.5 was added by Stats. 1969, p. 2806, in effect November 10, 1969.