Section 51155 Of Article 6. Eminent Domain Or Other Acquisition From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 6.7. >> Article 6.
51155
. When any action in eminent domain for the condemnation of
the fee title of an entire parcel of land zoned as timberland
production is filed or when that land is acquired in lieu of eminent
domain for a public agency or person or whenever there is any such
action or acquisition by the federal government or any person,
instrumentality or agency acting under authority or power of the
federal government, the parcel shall be deemed immediately rezoned
(pursuant to Section 51130) as to the land actually being condemned
or so acquired as of the date the action is filed and for the
purposes of establishing the value of the land, the timberland
production zone (TPZ) shall be deemed never to have existed.
Upon the termination of such a proceeding, the parcel shall be
immediately rezoned for all land actually taken or acquired.
When an action to condemn or acquire less than all of a parcel of
land subject to a TPZ is commenced, the parcel shall be deemed
immediately rezoned as to the land actually condemned or acquired and
shall be disregarded in the valuation process only as to the land
actually being taken, unless the remaining land subject to the TPZ
will be adversely affected by the condemnation, in which case the
value of that damage shall be computed without regard to the TPZ.
When an action to condemn or acquire an interest which is less
than the fee title of an entire parcel or any portion thereof, of
land subject to a TPZ is commenced, the parcel shall be deemed
immediately rezoned as to that interest and for the purpose of
establishing the value of that interest only shall be deemed never to
have existed, unless the remaining interests in any of the land
subject to the TPZ will be adversely affected, in which case the
value of that damage shall be computed without regard to the TPZ.
The land actually taken shall be removed from the TPZ. Under no
circumstances shall land be removed that is not actually taken,
except that when only a portion of the land or less than a fee
interest in the land is taken or acquired, the parcel may be
immediately rezoned with respect to the remaining portion or interest
upon petition of either party, and pursuant to the provisions of
Article 4 (commencing with Section 51130).
For the purposes of this section, a finding by the board or
council that no authorized use may be made of the land if the TPZ is
continued on the remaining portion or interest in the land may
satisfy the requirements of subdivisions (a), (b), and (c) of Section
51134, and subdivisions (a), (b), and (c) of Section 4621.2 of the
Public Resources Code.