California Code of Regulations
Title 14 - Natural Resources
Division 6 - Resources Agency
Article 3 - Special Provisions
Section 14125 - Waiver of Cancellation Fee for Terminating Open Space Easements and Agricultural Preserve Contracts

Universal Citation: 14 CA Code of Regs 14125

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

In accordance with Sections 51061 and 51283 of the Government Code, when a governing body finds it in the public interest to waive the fee for abandoning open space easements or cancelling any Land Conservation Act contract or agreement for agricultural preserves and that such waiver or extension of time to pay following final cancellation otherwise comports with the requirements of Government Code sections 51061 or 51283, the governing body shall make a written request for approval of the waiver by the Secretary and provide the following information:

(a) Date of the public hearing as required by Sections 51284 and 51061 of the Government Code.

(b) A map showing the assessor's parcel number, size and location of the parcel and the relationship of the parcel to adjoining parcels.

(c) Present land use of the parcel.

(d) Proposed land use of the parcel and when the change in land use will occur.

(e) The amount of the cancellation or abandonment fee and the basis for its calculation, including how the valuation of the land pursuant to Subsections 51283(a) or 51061 was determined. A statement of the conditions shall be submitted for partial waivers.

(f) A narrative fully explaining the basis for cancellation or abandonment, including approved findings and a detailed summary of substantial evidence to support each finding, and the reason or reasons for determining that a waiver of the cancellation or abandonment fee is in the public interest pursuant to Sections 51283(c)(2) or 51061 of the Government Code.

1. Amendment of section and new NOTE filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 51061 and 51283, Government Code.

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