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Public Resources Code

DIVISION 5. PARKS AND MONUMENTS

CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands

Article 3. Conservation Easement Registry*

Section 5096.520

5096.520. Conservation Easement Registry. (a) The Secretary of the Resources Agency shall establish a central public registry of all conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2000. In constructing the registry, the Resources Agency shall draw upon the Department of General Services' property inventory, and other information held by a state agency, department, division, or other sources.

(b) For the purposes of this section, "conservation easement" means any limitation in a recorded instrument that contains an easement, restriction, covenant, condition, or offer to dedicate, that has been executed by or on behalf of the owner of the land subject to that limitation and is binding upon successive owners of the land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. "Conservation easement" includes a conservation easement as defined in Section 815.1 of the Civil Code, an open-space easement as defined in Section 51075 of the Government Code, and an agricultural conservation easement as defined in Section 10211.

(c) The registry shall only include the following information on each conservation easement listed in the registry:

(1) The assessor's parcel numbers for the property covered by the easement.

(2) The purpose of the easement.

(3) The location of the easement, identified by county and nearest city.

(4) The identity of the easement holder.

(5) The size of the easement in acres.

(6) The date the easement transaction was recorded.

(7) The amount of funding provided by the agency, department, or division of the state holding or requiring the easement or providing state grant funds for the easement.

(d) An agency, department, or division of the state with conservation easements that are held or required by the state or purchased with state grant funds shall enter and keep current the information specified in subdivision (c) for those easements in the registry established pursuant to this section.

(e) On or before January 1, 2009, the Secretary of the Resources Agency shall make the registry available for use by the general public. Only the information pertaining to paragraphs (2) to (6), inclusive, of subdivision (c) regarding conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2006, shall be provided by the Secretary of the Resources Agency on the Internet. Personal identifying information shall not be posted on the Internet. The registry shall be updated biennially.

History.—Added by Stats. 2006, Ch. 531 (SB 1360) in effect January 1, 2007. Amended by Stats. 2007, Ch. 229 (AB 188) in effect January 1, 2008.

Note.—Section 1 of Stats. 2006, Ch. 531 (SB 1360) provided that the Legislature finds and declares all of the following:

(a) Conservation easements, open-space easements, and agricultural conservation easements are a valuable tool and a cost-effective way to protect the state's natural resources.

(b) It is important to ensure that the public has information on how moneys are spent by state agencies when purchasing easements for the preservation and protection of critically needed conservation and agricultural lands.

(c) Information regarding easements should be disseminated in a readily and easily available manner.

(d) A central public registry of conservation easements, open-space easements, and agricultural conservation easements would provide information that would lead to better conservation and resource planning among state agencies, local governments, nonprofit organizations, and the public.

* Article 3 was added by Stats. 2006, Ch. 531 (SB 1360) in effect January 1, 2007.