Putting Action into the Open Space Element:
Cities and counties may accept or purchase easements from private landowners for open space and resource conservation purposes. Open space and conservation easements are, in effect, purchases of development rights. The deed transferring an easement to a local government must restrict the transferred property's use to open space or resource conservation activities.
Lands subject to the state's open space or conservation easement acts
are "enforceably restricted." In other words, their value for
property tax purposes is established on the basis of the easement restrictions
rather than potential development uses. For properties which would otherwise
have been subject to rising taxes, this is a form of tax relief. It provides
landowners with an incentive to grant easements.
Cities and counties may acquire open space easements pursuant to the Open Space Easement Act of 1974 (Government Code section 51070 et seq.). Land must remain within an easement in perpetuity or, alternatively, for at least ten years. An easement's term is automatically extended each year by an additional twelve months. Under certain circumstances, open space easements may be abandoned.
A city or county must have an adopted open space plan (element) as a
prerequisite to acquiring an open space easement. Furthermore, the preserving
of easement land in open space must be consistent with the local jurisdiction's
general plan.
The Conservation Easement Act (Civil Code sections 815-816) enables a city, county, district, or nonprofit organization to acquire perpetual easements for the conservation of agricultural land and open space, or for historic preservation. Unlike open space easements, there is no procedure for non-renewal of conservation easements and there is no expiration date.
In establishing an easement, a landowner and local agency agree upon the permitted land uses within the conservation area. The easement is binding upon successive owners of the land.
The Conservation Easement Act does not require conservation easements to conform to local general plans. Nevertheless, a general plan is useful as the rationale for a local easement program.
Recent state legislation has expanded opportunities for cities and counties to protect viable agricultural lands. The Department of Conservation's Agricultural Land Stewardship Program (ALSP) was enacted in 1995 as SB 275. The Program provides cities, counties, and non-profit land trusts with funding for the purchase of conservation easements from agricultural landowners. The Program complements the Williamson Act by providing permanent protection of agricultural land, targeting protection of most threatened agricultural land, placing ownership of development rights with a third party, usually a local land trust, and providing one-time payments allowing farmers to re-invest in their agricultural operations to improve profitability. Sources of revenue for funding include gifts, donations, legislative appropriations, general obligation bonds, federal grants or loans, and other sources.
The Agricultural Land Stewardship Program, along with the federal Farmland Protection Program, is currently facilitating funding for 940 acres on four proposed parcels of farmland - two farms in Monterey County, and farms in Fresno County and Solano County. The development rights on the properties will be transferred from landowners to various nonprofit land trusts while allowing the landowners to continue to own and farm the land.
Next: Conclusion
State of California
This report prepared by:
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
(916) 445-0613
Revised November 1997