51080-51087

GOVERNMENT CODE
SECTION 51080-51087




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 county or city in the manner provided in
this chapter.


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 open-space character of the lands for
the term specified. Any such easement and covenant shall run for a
term of not less than 10 years. An open-space easement for a term of
years shall provide that on the anniversary date of the acceptance of
the open-space easement or on such other annual date as specified by
the deed or other instrument described in subdivision (d) of Section
51075, a year shall be added automatically to the initial term
unless a notice of nonrenewal is given as provided in Section 51091.



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 as are necessary or desirable
to maintain the natural or scenic character of the land or to prevent
any activity, use or action which could impair the open-space
character of the land.



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 governing body of the county or city
and its acceptance endorsed thereon.


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 organization. However, for the purposes of
this chapter and Sections 421 to 432, inclusive, of the Revenue and
Taxation Code, no such easement shall be considered as granted
pursuant to this chapter unless the grant of such easement has been
approved by the county or city in which the land lies pursuant to the
provisions of this article.



51084.  No grant of an open-space easement shall be accepted or
approved by a county or city, unless the governing body, by
resolution, finds:
   (a) That the preservation of the land as open space is consistent
with the general plan of the county or city; and
   (b) That the preservation of the land as open space is in the best
interest of the county or city and specifically because one or more
of the following reasons exists:
   (1) That the land is essentially unimproved and if retained in its
natural state has either scenic value to the public, or is valuable
as a watershed or as a wildlife preserve, and the instrument contains
appropriate covenants to that end.
   (2) It is in the public interest that the land be retained as open
space because such land either will add to the amenities of living
in neighboring urbanized areas or will help preserve the rural
character of the area in which the land is located.
   (3) The public interest will otherwise be served in a manner
recited in the resolution and consistent with the purposes of this
subdivision and Section 8 of Article XIII of the Constitution of the
State of California.
   The resolution of the governing body shall establish a conclusive
presumption that the conditions set forth in subdivisions (a) and (b)
have been satisfied.



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 or city planning department or
planning commission and a report thereon has been received from the
planning department or planning commission. Within 30 days after
receiving the proposal to accept or approve a grant of an open-space
easement, the planning department or planning commission shall submit
its report to the governing body. The governing body may extend the
time for submitting such a report for an additional period not
exceeding 30 days. The report shall specify whether the proposal is
consistent with the general plan of the jurisdiction.




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 building permit may be issued for any
structure which would violate the easement and the county or city
shall seek by appropriate proceedings an injunction against any
threatened construction or other development or activity on the land
which would violate the easement and shall seek a mandatory
injunction requiring the removal of any structure erected in
violation of the easement.
   In the event the county or city fails to seek an injunction
against any threatened construction or other development or activity
on the land which would violate the easement or to seek a mandatory
injunction requiring the removal of any structure erected in
violation of the easement, or if the county or city should construct
any structure or development or conduct or permit any activity in
violation of the easement, the owner of any property within the
county or city, or any resident thereof, may, by appropriate
proceedings, seek such an injunction.
   (b) In the case of an open-space easement granted to a nonprofit
organization pursuant to this chapter, such organization shall seek,
through its official representatives, an injunction against any
threatened construction or other development or activity on the land
which would violate the easement and shall seek a mandatory
injunction requiring the removal of any structure erected in
violation of the easement.
   (c) The court may award to a plaintiff or defendant who prevails
in an action authorized by this section his or her cost of
litigation, including reasonable attorney's fees.
   (d) Nothing in this chapter shall limit the power of the state, or
any department or agency thereof, or any county, city, school
district, or any other local public district, agency or entity, or
any other person authorized by law, to acquire land subject to an
open-space easement by eminent domain.



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 county recorder and file a copy thereof
with the county assessor. From and after the time of such
recordation such easement shall impart such notice thereof to all
persons as is afforded by the recording laws of this state.