Section 51084 Of Article 3. General Provisions From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 6.6. >> Article 3.
51084
. A grant of an open-space easement shall not 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 state, county, city, or city and county and is
important to the public for the enjoyment of scenic beauty, for the
use of natural resources, for recreation, or for the production of
food or fiber 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 land lies in an area that in the public interest should
remain rural in character and the retention of the land as open space
will preserve the rural character of the area.
(4) It is in the public interest that the land remain in its
natural state, including the trees and other natural growth, as a
means of preventing floods or because of its value as watershed.
(5) The land lies within an established scenic highway corridor.
(6) The land is valuable to the public as a wildlife preserve or
sanctuary and the instrument contains appropriate covenants to that
end.
(7) 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.