Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Government Code Provisions

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

Chapter 7. Agricultural Land*

Article 5. Cancellation

Section 51284

51284. Public hearing; notice and publication. No contract may be canceled until after the city or county has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be published pursuant to Section 6061 and shall be mailed to every owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the land upon which the contract is proposed to be canceled. In addition, at least 10 working days prior to the hearing, a notice of the hearing and a copy of the landowner's petition shall be mailed to the Director of Conservation. Within 30 days of the tentative cancellation of the contract, the city or county shall publish a notice of its decision, including the date, time, and place of the public hearing, a general explanation of the decision, the findings made pursuant to Section 51282, and a general description, in text or by diagram, of the land under contract, as a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city or county. In addition, within 30 days of the tentative cancellation of the contract, the city or county shall deliver a copy of the published notice of the decision, as described above, to the Director of Conservation. The publication shall be for informational purposes only, and shall create no right, standing, or duty that would otherwise not exist with regard to the cancellation proceedings.

History.—Stats. 1970, p. 826, in effect November 23, 1970, expanded the notice requirement to land which is situated within one mile of the exterior boundary of land upon which the contract is proposed to be canceled. Stats. 1983, Ch. 864, in effect September 16, 1983, substituted "the Director of Conservation" for "each" after "mailed to" in the second sentence. Stats. 1985, Ch. 106, effective January 1, 1986, deleted "of the Government Code" after "6061" and deleted "and" after "contract," in the second sentence. Stats. 1989, Ch. 943, in effect January 1, 1990, deleted "within the same agricultural preserve and" after "situated" in the second sentence and added the third, fourth, and fifth sentences. Stats. 1991, Ch. 125, in effect January 1, 1992, deleted "the Director of Conservation and" after "mailed to" in the second sentence, added the third sentence, added "tentative" after "days of the" in the fourth sentence, added the fifth sentence, and deleted the former seventh sentence which provided, "Within 30 days of the cancellation of the contract the city or county shall deliver a notice of cancellation to the Director of Conservation." Stats. 1993, Ch. 89, in effect January 1, 1994, added "at least 10 working days prior to the hearing, a" after "In addition", and added "hearing and a copy of the" after "notice of the" in the third sentence.

Note.—Section 3 of Stats. 1983, Ch. 864, 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.

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