Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Property Tax Annotations


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L

535.0000 LAND USE RESTRICTIONS

Annotation 535.0011

535.0011 Conservation Easements. The conveyance of an "Agricultural Conservation Easement" to a California nonprofit, public benefit corporation for the purpose of allowing the corporation to hold the property in trust perpetually as agricultural land does not constitute a restriction to be taken into account when valuing the property to which the easement applies for property tax purposes. However, the granting of such an easement to a governmental agency would constitute a restriction of the type referred to by Revenue and Taxation Code section 402.1. C 8/15/1989.

Note: Stats. 1993, Ch. 1002, in effect January 1, 1994, added subdivision (a)(8) to section 402.1 which provides that an enforceable restriction to which the use of land may be subjected and which an assessor must consider when assessing the land includes a recorded conservation easement, as described in section 815.1 of the Civil Code, granted in favor of a nonprofit corporation organized pursuant to section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.