Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2018

Government Code Provisions

Provisions Relating to Timberland

Chapter 6.7. Timberland*

Article 6. Eminent Domain or Other Acquisition

Section 51151

51151. Public agency defined. (a) As used in this section, Section 51152, and Section 51155, "public agency" means the state, or any department or agency thereof, and any county, city, school district, or other local public district, agency, or entity; and "person" means any person authorized to acquire property by eminent domain.

(b) Whenever it appears that land within a timberland production zone (TPZ) may be required by a public agency or person for a public use, the public agency or person shall advise the Secretary of Resources and the local governing body responsible for the administration of the land of the intention to consider the location of a public improvement within the TPZ.

Within 30 days thereafter the Secretary of Resources and the local governing body shall forward to the public agency or person concerned their comments with respect to the effect of the location of the public improvement on the land within the TPZ and those comments shall be considered by the public agency or person. Failure of any public agency or person to comply with the requirements of this section shall invalidate any action by the agency or person to locate a public improvement within a TPZ. This subdivision does not apply to the erection, construction, alteration or maintenance of gas, electric, water, or communication transmission facilities within a TPZ if that TPZ was established after submission of the location of the facilities to the city or county for review or approval.

History.—Stats. 1982, Ch. 1489, in effect January 1, 1983, substituted "production" for "preserve" after "timberland" and "land" for "preserve" after "administration of the" in the first paragraph, and substituted "those" for "such" before "comments" in the first sentence, "the" for "such" after "action by" in the second sentence, and "the" for "such" after "location of" in the third sentence of the second paragraph of subdivision (b).

* Chapter 6.7 was added by Stats. 1976, Ch. 176, p. 305, in effect May 24, 1976. Secs. 20 and 21 thereof provided no payment by state to local governments because of this act.

† Added by Stats. 1977, Ch 853, in effect September 17, 1977.