Article 3. Extinguishment Of A Solar-use Easement of California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 6.9. >> Article 3.
(a) A solar-use easement may be extinguished on all or a
portion of the parcel only by nonrenewal, termination, or by
returning the land to its previous contract pursuant to Article 3
(commencing with Section 51240) of Chapter 7.
(b) (1) If either the landowner or the county or city desires in
any year not to renew the solar-use easement on all or a portion of
the parcel, that party shall serve written notice of nonrenewal of
the easement upon the other party at least 90 days in advance of the
annual renewal date of the solar-use easement. Unless written notice
is served at least 90 days in advance of the renewal date, the
solar-use easement shall be considered renewed as provided in Section
51191.2.
(2) Upon receipt by the owner of a notice from the county or city
of nonrenewal, the owner may make a written protest of the notice of
nonrenewal. The county or city may, at any time prior to the renewal
date, withdraw the notice of nonrenewal.
(c) If the county, city, or the landowner serves notice of intent
in any year not to renew the solar-use easement, the existing
solar-use easement shall remain in effect for the balance of the
period remaining since the original execution or the last renewal of
the solar-use easement, as the case may be.
In the case of a solar-use easement that is extinguished
because of a notice of nonrenewal by the landowner or due to
termination, the landowner shall restore the land that is subject to
the easement to the conditions that existed before the approval of
the easement by the time the easement is extinguished.
(a) If all or a portion of the parcel held in a solar-use
easement will no longer be used for the purposes outlined in the
easement the landowner may petition the county or city to approve
termination of the easement.
(b) Prior to any action by the county or city giving tentative
approval to the termination of any easement, the county assessor of
the county in which the land is located shall determine the current
fair market value of the parcel or parcels to be terminated as though
the parcel or parcels were free of the easement restriction. The
assessor shall certify to the county or city the termination
valuation of the parcel or parcels for the purpose of determining the
termination fee. At the same time, the assessor shall send a notice
to the landowner and the Department of Conservation indicating the
current fair market value of the parcel or parcels as though the
parcel or parcels were free of the easement restriction and advise
the parties, that upon their request, the assessor shall provide all
information relevant to the valuation, excluding third-party
information. If any information is confidential or otherwise
protected from release, the department and the landowner shall hold
it as confidential and return or destroy any protected information
upon completion of all actions relating to valuation or termination
of the easement on the property. The notice shall also advise the
landowner and the department of the opportunity to request formal
review from the assessor.
(c) Prior to giving tentative approval to the termination of any
easement, the county or city shall determine and certify to the
county auditor the amount of the termination fee that the landowner
shall pay the county treasurer upon termination. That fee shall be an
amount equal to 12 1/2 percent of the termination valuation of the
property.
(d) If it finds that it is in the public interest to do so, the
county or city may waive any payment or any portion of a payment by
the landowner, or may extend the time for making the payment or a
portion of the payment contingent upon the future use made of the
parcel or parcels and the parcel or parcels economic return to the
landowner for a period of time not to exceed the unexpired period of
the easement, had it not been terminated, if both of the following
occur:
(1) The termination is caused by an involuntary transfer or change
in the use which may be made of the land and the land is not
immediately suitable, nor will be immediately used, for a purpose
which produces a greater economic return to the owner.
(2) The waiver or extension of time is approved by the Secretary
of the Natural Resources Agency. The secretary shall approve a waiver
or extension of time if the secretary finds that the granting of the
waiver or extension of time by the county or city is consistent with
the policies of this chapter and that the county or city complied
with this article. In evaluating a request for a waiver or extension
of time, the secretary shall review the findings of the county or
city, the evidence in the record of the county or city, and any other
evidence the secretary may receive concerning the termination,
waiver, or extension of time.
(e) When termination fees required by this section are collected,
they shall be transmitted by the county treasurer to the Controller
and deposited in the General Fund, except as provided in subdivision
(b) of Section 51203 or subdivision (d) of Section 51283.
(f) It is the intent of the Legislature that fees paid to
terminate a contract do not constitute taxes but are payments that,
when made, provide a private benefit that tends to increase the value
of the property.