CHAPTER 6.6. Open-Space Easement Act of 1974
Chapter 6.6 added by Stats. 1974, Ch. 1003.
§§ 51070–51097 · 22 sections
ARTICLE 1. Declaration §§ 51070–51073 · 4 sections
- § 51070 It is the intent of the Legislature in enacting this chapter to provide a means whereby any county or city may acquire or approve an open-space easement in…
- § 51071 The Legislature finds that the rapid growth and spread of urban development is encroaching upon, or eliminating open-space lands which are necessary not only…
- § 51072 The Legislature hereby declares that open-space lands, if preserved and maintained, would constitute important physical, social, economic or aesthetic assets…
- § 51073 The Legislature further declares that the acquisition of open-space easements is in the public interest and constitutes a public purpose for which public funds…
ARTICLE 2. Definitions § 51075 · 1 section
- § 51075 As used in this chapter, unless otherwise apparent from the context: (a) “Open-space land” means any parcel or area of land or water which is essentially…
ARTICLE 3. General Provisions §§ 51080–51087 · 9 sections
- § 51080 Any county or city which has an adopted open-space plan may accept or approve a grant of an open-space easement on privately owned lands lying within the…
- § 51081 The execution and acceptance of a deed or other instrument described in subdivision (d) of Section 51075 shall constitute a dedication to the public of the…
- § 51082 A county or city may require a deed or other instrument described in subdivision (d) of Section 51075 to contain any such restrictions, conditions or covenants…
- § 51083 No deed or other instrument described in subdivision (d) of Section 51075 shall be effective until it has been accepted or approved by resolution of the…
- § 51083.5 Notwithstanding any provisions of this chapter, the grant of any easement to a nonprofit organization shall be effective upon its acceptance by such…
- § 51084 A grant of an open-space easement shall not be accepted or approved by a county or city, unless the governing body, by resolution, finds: (a) That the…
- § 51085 The governing body of the county or city may not accept or approve any grant of an open-space easement until the matter has first been referred to the county…
- § 51086 (a) From and after the time when an open-space easement has been accepted or approved by the county or city and its acceptance or approval endorsed thereon, no…
- § 51087 Upon the acceptance or approval of any instrument creating an open-space easement the clerk of the governing body shall record the same in the office of the…
ARTICLE 4. Termination of an Open-Space Easement §§ 51090–51094 · 5 sections
- § 51090 An open-space easement for a term of years may be terminated only in accordance with the provisions of this article. An open-space easement may be terminated…
- § 51091 If either the landowner or the county, city, or nonprofit organization desires in any year not to renew the open-space easement, that party shall serve written…
- § 51092 If the county, city, or nonprofit organization or the landowner serves notice of intent in any year not to renew the open-space easement, the existing…
- § 51093 (a) The landowner may petition the governing body of the county or city for abandonment of any open-space easement or in the case of an open-space easement…
- § 51094 Upon the recording in the office of the county recorder of a certified copy of a resolution abandoning or approving the abandonment of an open-space easement…
ARTICLE 5. Eminent Domain and Other Provisions §§ 51095–51097 · 3 sections
- § 51095 If any land or a portion thereof as to which any city or county has accepted or approved an open-space easement pursuant to this chapter is thereafter sought…
- § 51096 Lands subject to the grant of an open-space easement executed and accepted in accordance with this chapter shall be deemed to be enforceably restricted within…
- § 51097 Nothing in this chapter shall be deemed to prevent or restrict the right or power of any county or city to acquire by purchase, gift, grant, bequest, devise,…