Section 51051 Of Chapter 6.5. Open-space Easements From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 6.5.
51051
. As used in this chapter, the following terms have the
following meanings:
(a) "Grant of an open-space easement" means a grant by an
instrument whereby the owner relinquishes to the public, either in
perpetuity or for a term of years, the right to construct
improvements upon the land except as may be expressly reserved in the
instrument and which contains a covenant with the city or county,
running with the land, either in perpetuity or for a term of years,
not to construct or permit the construction of any improvements,
except as that right is expressly reserved in the instrument and
except for public service facilities installed for the benefit of the
land subject to any covenant or public service facilities installed
pursuant to an authorization by the governing body of the city or
county or the Public Utilities Commission.
Any such reservation shall be consistent with the purposes of this
chapter or with the findings of the county or city pursuant to
Section 51056 and shall not permit any action that will materially
impair the open-space character of the land.
(b) "Owner" means any lessee or trustee, if the expiration of the
lease or trust occurs at a time later than the expiration of the
easement or any extension thereof.