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HomeMy WebLinkAboutDept of Conservation NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER.GOVERNOR --<� DEPARTMENT OF CONSERVATION M�vuzrvru�Ca.LrfnrrzGw'y WortiGru�Zciruiy DIVISION OF LAND RESOURCE PROTECTION 801 KSTREET MS 18-01 SACRAMENTO,CAUFORNIA95814 PHONE 916/324-0850 . FAX 916/327-3430 . TDD 916/324-2555 . WEBSITE conservaflon.ca.gov October 6, 2010 Mr. Louis Bird, Associate Right of Way Agent OCT 2010 Department of Transportation, District 3 OROVILLE,CALIFORNIA North Region Right of Way 2389 Gateway Oaks Drive Sacramento, CA 95833 Dear Mr. Bird: Subject: Public Acquisition of Land Enrolled in Williamson Act Contact, Widening State Route 70, Department of Transportation, Butte County Dear. Mr. Bird: The Department of_Conservation (Department) has received.your letter dated September 9,_2010,.advising the Department that the California.Department.of. Transportation (Caltrans) has completed its.acquisition.of 4,307 acres:and 100. . .: square feet for a utility,easement from two properties (APN 025-220-086, 038) restricted by a Land Conservation (Williamson) Act contract. The Department provides the following comments regarding Caltrans' notification to the Department, as required by the Williamson Act (Government Code (GC) section 51291), In 1999 SB 985 repealed the,provision in the Williamson Act statute allowing public agencies to notify the Department through the California Environmental Quality Act process, more commonly referred to as CEQA notification, about properties they intended to acquire. As a result of this change, a separate notice must be sent to the Department, per GC section 51291, as described below. Public Acquisition Notification Process The Notification provisions of the Williamson Act (GC section 51291) require public agencies to notify the Director of the Department of the possibility of acquisition of land (under contract or,not under contract) located in.an.agricuitural preserve:for a public,improyemept. .This notice is required when the public agency first considers purchasing the Iand fora.public use. Enclosed for.--your:benefit is.a copy of the Public Acquisition Notification Provisions of the Williamson Act, which we offer as a guide for the public acquisition process. The Act requires that the Department must The Department of Conservation's mission is to balance today's needs with tomorrow's challenges and foster intelligent,sustainable, �� p ae tient use of California's energy, land, and mineral resources. Mr. Louis Bird October 6, 2010 Page 2 of 3 be notified,when an acquisition of Williamson Apt land is first,contemplated,.not after. the acquisition,has been.decided.upon,or.consummated (GC section,51290 et seq..-) The notice shall include: 1. The public agency's "...explanation of[its] preliminary consideration..." of section 51292; 2. A description of the agricultural preserve land the public agency intends to acquire for the improvement; and 3. A copy o,�apy, .1111amson Act contract which pertains to the subject land -(GC, section 51291(b.)). a The Department requests that Caltrans provide all of the aforementioned required irztforwatioh`irt,`a revised notification letter, to allow it to complete its revieiti and comment as provided .in statute (GC section.51291 (b)). Notice should be sent to: Derek Chernow, Acting Director Department of Conservation 801 K Street, MS 18-01 Sacramento, CA 95814 Eminent Domain A Williamson Act contract is an enforceable restriction pursuant to Article XIII, section 8 of the California Constitution and GC section 51252. Pursuant to GC 51295, a Williamson Act contract may be voided through acquisition by eminent domain or in lieu of eminent domain (Code of Civil Procedure section 1230.010 et seq., and GC section 7260 et seq.). If the acquisition is not done in a manner that voids the contract, the uses of the contracted property will continue to be restricted by the terms of the contract and the provisions of the Act. The Department does not provide counsel regarding eminent domain law, but encourages Caltrans to obtain legal counsel for this purpose.. If the properties have been acquired by, or in lieu of eminent domain, please provide copies of the condemnation order or the offers made to the landowners to purchase the land in lieu of eminent domain. Future Notifications Please be advised that pursuant to GC section 51291(d), the Department and Butte County must be notified of any proposed, significant changes to the project. If Caltrans determines not to locate the proposed public improvement on the subject property it must notify the Department and Butte County before returning the land to private ownership, and the land must be reenrolled in a new contract or encumbered by an enforceable restriction at least as restrictive as that provided in the Williamson Act (GC section 51295). Mr. Louis Bird October 6, 2010 Page 3 of 3 Department staff is available to discus`s any'questions or'concerns"regarding the Williamson Act-"Pi"blic Acquisition process'.- Please contact`Jacquelyn Rarrisey at 801 K Street, MS 18-01, Sacramento, California, 95814, or telephone (91;6) 323 =2379:' Sincerely, i C� pai Program Manager Williamson Act Program Enclosure cc: Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Butte County Farm Bureau 2580 Feather River Boulevard Oroville, CA 95965 SUMMARY OF INFORMATION REQUIRED TO BE PROVIDED BY PUBLIC AGENCIES TO THE DEPARTMENT OF CONSERVATION WHEN A PUBLIC IMPROVEMENT IS CONTEMPLATED ON LAND WITHIN AN AGRICULTURAL PRESERVE This document is intended to summarize/identify the information any public agency is required to include in a notice to the Department of Conservation.(DOC) of the agency's possible acquisition of land within an agricultural preserve. The information described below is required to be included in.the public agency's notice to DOC pursuant to. Government Code section 51291, subdivision (b). Before considering land within an agricultural preserve for a public improvement,public agencies should be aware of tile State's policy of preserving agricultural lands, and against converting such land to other uses (Gov. Code, § 51220), even public uses (Gov. Code, § 51290, subd. (a)). Any public agency (as defined by Gov. Code section 51.291, subd. (a)) considering locating a public improvement on land within an.agriculturalpreserve(as opposed to making even a tentative decision) is required to notify DOC'.s Director, and the local government agency administering the preserve, of its intentions. (Gov. Code, § 51291, subd. (b).) This notice is required in order to provide DOC and the public agency administering the agricultural. preserve with an opportunity to comment on the public agency's intention to locate a public improvement on land within the preserve. (Gov. Code, § 51291, subd. (b).) The notice must include: (1) the public agency's "explanation of[its] preliminary consideration . . ." of section 51292 (discussed further below), (2) a description of the agricultural preserve land potentially acquired by the public agency for the improvement; and (3) a copy of any Williamson Act contract which pertains to the subject land. (Gov. Code, § 5 129 1, subd. (b).) The second and third requirements of the notice are relatively easy to meet. The agricultural preserve land can be described by text or diagram, and a copy of any Williamson Act contract covering the land should be obtainable from.county records. More complicated is the first requirement of providing an explanation of the public agency's consideration of section 51292. Depending on the nature of the public improve lent contemplated, a public agency's explanation of its consideration of section 51292 will either be: (a) an explanation of how the agency may reach findings required by section 51292, or (b) an explanation of the nature of the public improvement such as to justify the agency's claim that the improvement is exempt from section 51292 and its required findings. Government Code section 5.1.292 requires public agencies locating an improvement within an agricultural preserve to make certain findings.; first, tli agency must find that. the location considered for the improvement is not based primarily on the law cost of Agricultural land. (Gov. Code, § 5129.2, subd. (a).) The second finding is only required for land subject to a Williamson Act contract, and that finding is that there is no other land where the improvement could be reasonably located regardless of whether or not such land is the agricultural preserve. (Gov. Code, § 51292, subd. (b).) Any formal findings made by a public agency must be supported by evidence, and often must be supported by"substantial. evidence." (Code Civ. Proc., § 1094.5, subd. (c).) In short, a public agency's findings must be based on something tangible, as opposed to being mere conclusions. Public agencies may avoid the requirements of section 51292 if the public improvement is exempt from the requirements pursuant to section 51293. Section 51293 identifies several types of public improvements that the Legislature has determined to be exempt from the requirement to mare the findings required by section 51292. However, rill public agencies must be aware that the duty of d public agency to provide the notice required by section 5129.1, subd. (h).is not eliminated even when: a,public improvement is exempt ander section 51.293. In other words, in its notice the public agency must either explain its preliminary consideration of the findings-required by section 512.92, subdivision (b), or in the alternative, explain the nature ofthe contemplated public improvement and why the improvement would be exempt from section 51292 pursuant to section 51293. Furthermore, section 51293's exemption from making section 51292 findings does not exempt a public agency from the State policy to avoid locating public improvements in agricultural preserves or upon land that is subject to a Williamson Act contract(Gov. Code, § 51290, subds. (a) and (b)), and to give consideration to the value to the public of such land as set forth in the Williamson Act (Gov. Code, § 5.1290, subd. (c))• After the public agency has submitted the required information to DOC,DOC will provide the agency with DOC's comments and any comments from the Department of Food and Agriculture:. (Gov. Code, § 51.291, subd. (b). The acquiring public agency must consider the comments received from the DOC in its decision to acquire the land for a public use. (Gov. Code. § 51291, subd. (b). After the public agency has actually acquired the land located in.an agricultural preserve it must notify DOC's Director within 10 working days. (Gov. Code, § 51291, subd. (c)) This notice must include: (a) a general explanation of the decision by the public agency to acquire the land within a preserve, and (b) any findings made pursuant section 51292. (Gov, Code, § 51291, subd. (c).) NOTES: Reliance on, or review of, this document is not a substitute for any public agency's duty to meet and fulfill the obligations of Government Cade section. 51291 an' related statutes. This document does not address any issues that may arise under local.land use laws,the law of eminent domain, or the California Environmental Quality Act with respect to any specific public improvement. Further information regarding compliance with Government Code section 51291 and related statutes may obtained by contacting;DOC's Williamson Act Program Staff at 9161324-0850.