Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Additional Government Code Provisions

Provisions Relating to Historical Property Contracts

Historical Property Contracts

Article 12. Historical Property Contracts

Historical Property Contracts

Article 12. Historical Property Contracts*

* Article 12 was added by Stats. 1972, p. 3159, in effect March 7, 1973.

50280. Application. Upon the application of an owner or the agent of an owner of any qualified historical property, as defined in Section 50280.1, the legislative body of a city, county, or city and county may contract with the owner or agent to restrict the use of the property in a manner which the legislative body deems reasonable to carry out the purposes of this article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. The contract shall meet the requirements of Sections 50281 and 50282.

History.—Stats. 1977, Ch. 1040, in effect January 1, 1978, substituted "1.9 (commencing with Section 439) of Chapter 3" for "7 (commencing with Section 1161) of Chapter 5". Stats. 1985, Ch. 965, effective January 1, 1986, substituted ", as defined in Section 50280.1" for "described in Article 3 (commencing with Section 5031) of Chapter 1 of Division 5 of the Public Resources Code" after "qualified historical property", and substituted "contract with the owner . . . in a manner which" for "by ordinance, create an historic zone encompassing so much of such property and so much additional property as" after "city and county may" in the first sentence, and added the second sentence.

50280.1. Qualified historical property. "Qualified historical property" for purposes of this article, means privately owned property which is not exempt from property taxation and which meets either of the following:

(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations.

(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

History.—Added by Stats. 1985, Ch. 965, effective January 1, 1986.

50281. Contract provisions. Any contract entered into under this article shall contain the following provisions:

(a) The term of the contract shall be for a minimum period of 10 years.

(b) Where applicable, the contract shall provide the following:

(1) For the preservation of the qualified historical property and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code.

(2) For an inspection of the interior and exterior of the premises by the city, county, or city and county, prior to a new agreement, and every five years thereafter, to determine the owner's compliance with the contract.

(3) For it to be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract.

(c) The owner or agent of an owner shall record the contract with the county in which the property is located within six months of entering into the contract.

History.—Added by Stats. 1972, Ch. 1442, effective January 1, 1973, Stats. 1985, Ch. 965, effective January 1, 1986, deleted the former first sentence of first paragraph; substituted "10" for "20" in subdivision (a); added "the following" after "contract shall provide" in the first sentence of subdivision (b), substituted "the" for "such" after "restore and rehabilitate", and added "of the Office of Historic Preservation" after "rules and regulations" in subsection (1), deleted former subsections (2) and (3), renumbered former subsections (4) and (5) as (2) and (3), respectively, and substituted "the" for "such" after "for" in subsection (2) thereof. Stats. 1993, Ch. 831, in effect October 6, 1993, added ", the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code" after "Recreation" in subdivision (b)(1); and added subdivision (c). Stats. 2011, Ch. 278 (AB 654), in effect January 1, 2012, substituted "an inspection" for "the periodic examinations" after "For" and substituted "city, county, or city and county, prior to a new agreement, and every five years thereafter" for "assessor, the Department of Parks and Recreation and the State Board of Equalization as may be necessary" after "by the" in the first sentence of paragraph (2) of subdivision (b) and substituted "record the contract with the county in which the property is located" for "provide written notice of the contract to the Office of Historic Preservation" after "owner shall" in the first sentence of subdivision (c).

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50281.1. Fee requirements. The legislative body entering into a contract described in this article may require that the property owner, as a condition to entering into the contract, pay a fee that shall not exceed the reasonable cost of providing the service pursuant to this article for which the fee is charged.

History.—Added by Stats. 1985, Ch. 965, effective January 1, 1986. Stats. 2011, Ch. 278 (AB 654), in effect January 1, 2012, substituted "that shall not" for "not to" after "a fee" and substituted "providing the service pursuant to this article for which the fee is charged" for "administering this program" after "cost of" in the first sentence.

50282. Automatic renewal or notice of nonrenewal. (a) Each contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. Each contract shall also provide that after five years, and every five years thereafter, the city, county, or city and county shall inspect the interior and exterior of the premises to determine the owner's continued compliance with the contract. If the property owner or the legislative body desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the legislative body at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract.

(b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The legislative body may, at any time prior to the renewal date, withdraw the notice of nonrenewal.

(c) If the legislative body or the owner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be.

(d) The owner shall furnish the legislative body with any information the legislative body shall require in order to enable it to determine the eligibility of the property involved.

(e) No later than 20 days after a city or county enters into a contract with an owner pursuant to this article, the clerk of the legislative body shall record with the county recorder a copy of the contract, which shall describe the property subject thereto. From and after the time of the recordation, this contract shall impart a notice thereof to all persons as is afforded by the recording laws of this state.

History.—Added by Stats. 1972, Ch. 1442, effective January 1, 1973. Stats. 1985, Ch. 965, effective January 1, 1986, added "," after "specified in the contract" in the first sentence, and substituted "the" for "such" after "Unless in the third sentence of subdivision (a); substituted "any" for "such" after "legislative body with" and deleted "as" after "information" in subdivision (d); and deleted", together with a reference to the map showing the location of the historic zone in which the property lies" after "property subject thereto" in the first sentence, and substituted "the" for "such" after "the time of," substituted "this" for "such" after "recordation" and substituted "a" for "such" after "shall impart" in the second sentence of subdivision (e). Stats. 2011, Ch. 278 (AB 654), in effect January 1, 2012, added the second sentence commencing with "Each contract shall also" to subdivision (a).

50283. Removal of property from historic zone. [Repealed by Stats. 1985, Ch. 965, effective January 1, 1986.]

50284. Cancellation of contract. If the legislative body determines that the owner has breached any of the conditions of the contract provided for in this article or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property, the legislative body shall do one of the following:

(a) Cancel the contract by following the procedures specified in Sections 50285 and 50286.

(b) Bring any action in court necessary to enforce a contract, including, but not limited to, an action to enforce the contract by specific performance or injunction.

History.—Added by Stats. 1972, Ch. 1442, effective January 1, 1973. Stats. 1985, Ch. 965, effective January 1, 1986, deleted "as prescribed by rules and regulations adopted by the Department of Parks and Recreation" after "qualified historical property" in the first sentence. Stats. 2011, Ch. 278 (AB 654), in effect January 1, 2012, substituted "If the legislative body" for "The legislative body may cancel a contract if it" before "determines that" and added the balance of the section after "historical property" and deleted the former second sentence which provided that "The legislative body may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract."

50285. Notice of cancellation and hearing. No contract shall be canceled under Section 50284 until after the legislative body has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be mailed to the last known address of each owner of property within the historic zone and shall be published pursuant to Section 6061.

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50286. Cancellation fee. (a) If a contract is canceled under Section 50284, the owner shall pay a cancellation fee equal to 12½ percent of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction.

(b) The cancellation fee shall be paid to the county auditor, at the time and in the manner that the county auditor shall prescribe, and shall be allocated by the county auditor to each jurisdiction in the tax rate area in which the property is located in the same manner as the auditor allocates the annual tax increment in that tax rate area in that fiscal year.

(c) Notwithstanding any other provision of law, revenue received by a school district pursuant to this section shall be considered property tax revenue for the purposes of Section 42238 of the Education Code, and revenue received by a county superintendent of schools pursuant to this section shall be considered property tax revenue for the purposes of Article 3 (commencing with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1 of the Education Code.

History.—Stats. 1978, Ch. 1207, in effect January 1, 1979, operative January 1, 1981, substituted "12½" for "50" before "percent" and "full" for "assessed" before "value" in the first sentence. Stats. 1998, Ch. 636 (AB 1789), in effect January 1, 1999, designated the first sentence of the first paragraph as subdivision (a), substituted "equal to" for "of" after "cancellation fee", substituted "current fair market" for "full" after "12½ percent of the", deleted "at the time of cancellation" after the first "property" and substituted "as though the property were free of the contractual restriction" for "without regard to any restriction on such property imposed pursuant to this article" after "county assessor" therein, deleted the former second sentence of the first paragraph which provided that the cancellation fee shall be paid to the Controller, at such time and in such manner as the Controller shall prescribe, and shall be deposited in the State General Fund; and added subdivision (b) and (c).

Note.—Section 2 of Stats. 1998, Ch. 636 (AB 1789), provided that no reimbursement shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law.

50287. Court action as alternative to cancellation. As an alternative to cancellation of the contract for breach of any condition, a landowner that is a party to the contract may bring any action in court necessary to enforce a contract including, but not limited to, an action to enforce the contract by specific performance or injunction.

History.—Stats. 2011, Ch. 278 (AB 654), in effect January 1, 2012, substituted "a landowner that is a party to the contract" for "the county, city, or any landowner" after "any condition," and added a comma after "enforce a contract" in the first sentence.

50288. Acquisition by eminent domain. In the event that property subject to contract under this article is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the legislative body to frustrate the purpose of the contract, such contract shall be canceled and no fee shall be imposed under Section 50286. Such contract shall be deemed null and void for all purposes of determining the value of the property so acquired.

History.—Stats. 1974, Ch. 544, p. 1252, in effect January 1, 1975, corrected clerical error.

50289. Property under contract annexed to city. In the event that property restricted by a contract with a county under this article is annexed to a city, the city shall succeed to all rights, duties, and powers of the county under such contract.

50290. Consultation by local agencies and owners. Local agencies and owners of qualified historical properties may consult with the State Historical Resources Commission for its advice and counsel on matters relevant to historical property contracts.

History.—Added by Stats. 1977, Ch. 1040, in effect January 1, 1978. Stats. 1985, Ch. 965, effective January 1, 1986, deleted "and the State Department of Parks and Recreation" after "Historical Resources Commission" and substituted "its" for "their" after "for".

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