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Land Conservation Act (LCA) *

Public Agency Webinar

Public Acquisition Notification Procedure – A Step by Step Guide

* LCA, also known as the Williamson Act

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What is a Public Agency Acquisition?

• Public agency acquisition is the acquisition land located in an agricultural preserve by a public agency or person acting on behalf of a public agency for a public improvement.

• What are the Legal requirements for Public Agency Notice?

• Notice is required before the governing body of a public agency makes a decision to acquire property located in an agricultural preserve for a public improvement.

Note: As used in this chapter, "public improvement" means facilities or interests in real property, including easements, rights-of-way, and interests in fee title, owned by a public agency or person, as defined in subdivision (a) of Section 51291.” (GC §51290.5)

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Some Examples of Public Improvements:

• Water resource infrastructure • Transportation improvements• Parks • Wildlife • Easements are also considered property

improvements

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What should be included in the Notice?

Notice should include the following information:• The purpose of the acquisition;• A map of the property intended for acquisition and

the characteristics of adjacent land;• The parcel designation (Prime or Non-Prime);• The total number of acres of the affected parcel;• The number of acres intended for acquisition;• A copy of the LCA contract; and• The public agency’s preliminary considerations of

the findings stated in GC §51292(a)(b).

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Documentation to Support the Required Findings

The LCA requires public agencies to provide an explanation of the preliminary consideration of the findings in GC §51292 (a) (b) and documentation to support the two (2) required findings.

1. “The location is not based primarily on a consideration of the lower cost of acquiring land in an agricultural preserve” (GC §51292(a))

2. “If the land is agricultural land covered under a contract pursuant to this chapter for any public improvement, that there is no other land within or outside of the preserve on which it is reasonably feasible to locate the public improvement” (GC §51292(b))

Documentation to support the findings should include a map of the proposed site. The map should be large enough to demonstrate, along with the explanation, that no other, noncontracted land is reasonably feasible for the public improvement.

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The Notice cannot be provide via the CEQA Review Process• The public agency Notice must be

provided separately from documents submitted for CEQA review.

• SB 985, Johnson, Chapter 1018, Statutes of 1999 eliminated the option to use CEQA documents for Notice to the Department.

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What is the Department’s Role in the Notice Process?• The Department will review the Notice and

provide comment in writing within 30 days. The comment will include the Department’s recommendations.

• The public agency is required to consider the Department's comments (GC §51291(b)).

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Other Notice Requirements

1. Notice is required if the public entity proposes any significant changes to the acquisition (GC §51291(d));

2. If the public agency decides not to acquire the property for the intended purpose (GC §51291(d)), it must notify the Department and the local jurisdiction administering the agricultural preserve.

3. Notice is required at close of escrow, within 10 days of acquisition (GC§51291(c));

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Land Conservation Act Public Agency Webinar

Eminent Domain

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Intent to Exercise Eminent Domain Power

• The public agency must demonstrate its actual intent to exercise its power of eminent domain, if necessary, for eminent domain to apply.1

• The notice shall include documentation to support acquisition by eminent domain or in lieu of eminent domain to void the contract pursuant to §51295.

1Johnson v. County of Sonoma et al (2002) 100 Cal App.4th 973 987

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What to Include Regarding Eminent Domain Copies of these documents, as applicable:• A property appraisal and written offer

letter made to the landowner pursuant to GC §§7267.1 and 7267.2,

• A chronology of steps taken or planned to effect acquisition by eminent domain or in lieu of eminent domain, and

• Copies of the Resolution of Necessity, Condemnation Orders.

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Willing Seller Transactions• A willing landowner negotiation occurs when

the public agency contacts the landowner to negotiate a sale before notifying the Department of its intentions.

• “Willing Seller” transactions do not remove the LCA contract from the property and may trigger delays or more costly methods to acquire property.

• Land acquired from a “Willing Seller” must remain in compatible uses and comply with the LCA contract terms until removed.

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Additional Considerations• Alternate methods to remove LCA contracts

(such as cancellation or nonrenewal) are more time consuming and costly than completing the Notice to the Department.

• Please contact the Department with questions or requests for assistance before proceeding with acquisitions.

Phone: 916-324-0850Email Questions to us at: dlrp@consrv.ca.gov

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Where Should Notice Be Mailed?

All notices should be sent to:

DAVID BUNN, DIRECTORDEPARTMENT OF CONSERVATION

c/o DIVISION OF LAND RESOURCE PROTECTION801 K STREET, MS 18-01

SACRAMENTO, CA 95814-3528

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www.conservation.ca.gov

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