Laws, Regulations & Annotations
Property Taxes Law Guide – Revision 2017
Additional Government Code Provisions
Provisions Relating to the Open-Space Easement Act of 1974
Chapter 6.6. Open-Space Easements*
Article 3. General Provisions
51087. Recording with county recorder and county assessor. Upon the acceptance or approval of any instrument creating an open-space easement the clerk of the governing body shall record the same in the office of the county recorder and file a copy thereof with the county assessor. The recording shall be consistent with Section 27255. From and after the time of the recordation, the easement shall impart notice thereof to all persons as is afforded by the recording laws of this state.
History.—Stats. 1977, Ch. 1178, in effect January 1, 1978, added "or approval" after "acceptance" in the first sentence. Stats. 2012, Ch. 875 (SB 1501), in effect January 1, 2013, added the second sentence and substituted "the recordation, the easement shall impart" for "such recordation such easement shall impart such" after "time of" in the third sentence of the first paragraph.
* Chapter 6.6 was added by Stats. 1974, Ch. 1003, p. 2154, in effect January 1, 1975. Sec. 10 thereof provided no payment by state to local governments because of this act.
Note.—Section 11 of Stats. 1974, Ch. 1003, p. 2161, provided that the provisions of this act shall be given prospective application only and shall not be construed in a manner which would impair the obligation of any existing open-space easement or scenic restriction entered into prior to January 1, 1975. Land subject to any such easement or restriction on such date shall continue to be assessed under Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code so long as such land otherwise qualifies for assessment under such article and qualifies under Chapter 6.5 (commencing with Section 51050) of Part 1 of Division 1 of Title 5 of, or under Chapter 12 (commencing with Section 6950) of Division 7 of Title 1 of, the Government Code.