Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2011

Revenue and Taxation Code

Property Taxation

Part 2. Assessment

Chapter 3. Assessment Generally

Article 1. General Requirements

Section 402.3

402.3. Restrictive covenants or restrictions. An assessor shall consider any restrictive covenant, easement, restriction, or servitude adopted pursuant to Section 25202.5, 25222.1, or 25355.5 of the Health and Safety Code or any restriction, easement, covenant, or servitude imposed pursuant to Section 25230 of the Health and Safety Code as an enforceable restriction, easement, covenant, or servitude subject to Section 402.1 and shall appropriately reassess any land, the use of which has been so restricted, at the lien date following the adoption or imposition of the covenant, easement, servitude, or restriction.

History.—Added by Stats. 1980, Ch. 1161, in effect January 1, 1981. Stats. 1989, Ch. 906, in effect January 1, 1990, added ", easement, restriction, or servitude" before "adopted", added ", 25222.1, or 25355.5 of the Health and Safety Code" after "Section 25205.5", added ", easement, covenant, or servitude" after "restriction", substituted "25230" for "25229", deleted "the provisions of" before "Section 402.1", deleted "of this code" after "Section 402.1", and added ", easement, servitude," after "covenant".

Note.—Section 9 of Stats. 1980, Ch. 1161, 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.