Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Government Code Provisions

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

Chapter 7. Agricultural Land*

Article 5. Cancellation

Section 51286

51286. Mandamus action or proceeding. (a) Any action or proceeding which, on the grounds of alleged noncompliance with the requirements of this chapter, seeks to attack, review, set aside, void, or annul a decision of a board of supervisors or a city council to cancel a contract shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure.

(b) The action or proceeding shall be commenced within 180 days from the date of the council or board order acting on a petition for cancellation filed under this chapter.

History.—Added by Stats. 1981, Ch. 1095, in effect January 1, 1982. Stats. 1985, Ch. 106, effective January 1, 1986, added a comma after "void", and deleted "the provisions of" after "pursuant to" in the first paragraph and substituted "on a" for "and" after "acting" in the second paragraph. Stats. 2000, Ch. 1045 (AB 2698), in effect September 30, 2000, added "(a)" at the beginning of the former first paragraph, added "(b)" before "the" and, added "date of the" before "council" in the former second paragraph, and added subdivision (c). Stats. 2001, Ch. 176 (SB 210), in effect January 1, 2002, deleted former subdivision (c) which provided an earlier commencement date on actions or proceedings on a petition for cancellation related to specified electric generation projects located in Kern County.

Note.—Section 2 of Stats. 2000, Ch. 1045 (AB 2698), provides that due to the unique facts and circumstances relative to power generation projects in Kern County, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Therefore, special legislation contained in Section 1 of this act is necessarily applicable only to Kern County.

Construction.—An action challenging an assessor's valuation which is required prior to approval of the cancellation of a land conservation contract by a board of supervisors or city council is not subject to the 180-day time limitation of this section, which applies only to cancellation decisions of a board of supervisors or city council and not to the value determination of an assessor. People ex rel. Dept. of Conservation v. Triplett, 48 Cal.App.4th 233.

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