Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Government Code Provisions

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

Chapter 7. Agricultural Land*

Article 5. Cancellation

Section 51280.1

51280.1. Cancellation; alternative use. As used in this chapter, the finding of a board or council that "cancellation and alternative use will not result in discontiguous patterns of urban development" authorizes, but does not require, the board or council to cancel a contract if it finds that the alternative use will be rural in character and that the alternative use will result within the foreseeable future in a contiguous pattern of development within the relevant subregion. The board or council is not required to find that the alternative use will be immediately contiguous to like development. In rendering its finding, the board or council acts in its own discretion to evaluate the proposed alternative use according to existing and projected conditions within its local jurisdiction.

The provisions of this section shall apply only to those proceedings for the cancellation of contracts which were initiated pursuant to Section 51282.1, and, consistent with the provisions of Section 9 of Chapter 1095 of the Statutes of 1981, shall apply to the same extent as the provisions of Section 51282.1, notwithstanding their repeal.

History.—Added by Stats. 1983, Ch. 1296, in effect January 1, 1984.

Note.—Section 1 of Stats. 1983, Ch. 1296, provided that the Legislature finds and declares that possible misinterpretations of Stats. 1981, Ch. 1095, with regard to applications which have been approved by a county board of supervisors or city council and which are subject to litigation might wrongfully result in the denial of cancellations under that chapter. The Legislature therefore declares that the findings requirements of that chapter were and are satisfied if a local board or council has acted in accordance with Section 51280.1 of the Government Code, as added by this act.

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