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 6. Eminent Domain or Other Acquisition

Section 51292

51292. Conditions under which public improvement may not be located within preserve. No public agency or person shall locate a public improvement within an agricultural preserve unless the following findings are made:

(a) The location is not based primarily on a consideration of the lower cost of acquiring land in an agricultural preserve.

(b) If the land is agricultural land covered under a contract pursuant to this chapter for any public improvement, that there is no other land within or outside the preserve on which it is reasonably feasible to locate the public improvement.

History.—Stats. 1968, p. 1339, in effect November 13, 1968, added "or agreement" after "contract" in subdivision (b), Stats. 1969, p. 2816, in effect November 10, 1969, deleted "or agreement" which was added in 1968. Stats. 1994, Ch. 1158, in effect January 1, 1995, deleted the subdivision letter designation "(a)" before "No public agency", and added "unless the following findings are made:" after "an agricultural preserve" in the first paragraph; created new paragraph and added subdivision designation "(a)" and "The location is not" before "based primarily on" which had previously been part of the former subdivision (a); substituted "If the land is" for "No public agency or person shall acquire" after "(b)", substituted ", that" for "if" after "any public improvement", and added "no" after "there is" in subdivision (b). Stats. 1999, Ch. 1018 (SB 985), in effect January 1, 2000, deleted "prime" before "agricultural" in subdivision (b).

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