Section 51293 Of Article 6. Eminent Domain Or Other Acquisition From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 7. >> Article 6.
51293
. Section 51292 shall not apply to:
(a) The location or construction of improvements where the board
or council administering the agricultural preserve approves or agrees
to the location thereof, except when the acquiring agency and
administering agency are the same entity.
(b) The acquisition of easements within a preserve by the board or
council administering the preserve.
(c) The location or construction of any public utility improvement
which has been approved by the Public Utilities Commission.
(d) The acquisition of either (1) temporary construction easements
for public utility improvements, or (2) an interest in real property
for underground public utility improvements. This subdivision shall
apply only where the surface of the land subject to the acquisition
is returned to the condition and use that immediately predated the
construction of the public improvement, and when the construction of
the public utility improvement will not significantly impair
agricultural use of the affected contracted parcel or parcels.
(e) The location or construction of the following types of
improvements, which are hereby determined to be compatible with or to
enhance land within an agricultural preserve:
(1) Flood control works, including channel rectification and
alteration.
(2) Public works required for fish and wildlife enhancement and
preservation.
(3) Improvements for the primary benefit of the lands within the
preserve.
(f) Improvements for which the site or route has been specified by
the Legislature in a manner that makes it impossible to avoid the
acquisition of land under contract.
(g) All state highways on routes as described in Sections 301 to
622, inclusive, of the Streets and Highways Code, as those sections
read on October 1, 1965.
(h) All facilities which are part of the State Water Facilities as
described in subdivision (d) of Section 12934 of the Water Code,
except facilities under paragraph (6) of subdivision (d) of that
section.
(i) Land upon which condemnation proceedings have been commenced
prior to October 1, 1965.
(j) The acquisition of a fee interest or conservation easement for
a term of at least 10 years, in order to restrict the land to
agricultural or open space uses as defined by subdivisions (b) and
(o) of Section 51201.