§ 51243.5. — 51243.5. (Amended by Stats. 2002, Ch. 188, Sec. 1.)

California § 51243.5.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 5.: DIVISION 1. CITIES AND COUNTIES
• Part 1.: PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES
• Ch. 7.: CHAPTER 7. Agricultural Land
• Art. 3.: ARTICLE 3. Contracts

Text

(a)
This section shall apply only to land that was within one mile of a city boundary when a contract was executed pursuant to this article and for which the contract was executed prior to January 1, 1991.
(b)
For any proposal that would result in the annexation to a city of any land that is subject to a contract under this chapter, the local agency formation commission shall determine whether the city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract.
(c)
In making the determination required by subdivision (b), pursuant to Section 51206, the local agency formation commission may request, and the Department of Conservation shall provide, advice and assistance in interpreting the requirements of this section. If the department has concerns about an action proposed to be taken by a local agency formation commission pursuant to this section or Section 51243.6, the department shall advise the commission of its concerns, whether or not the commission has requested it to do so. The commission shall address the department’s concerns in any hearing to consider the proposed annexation or a city’s determination whether to exercise its option not to succeed to a contract, and shall specifically find that substantial evidence exists to show that the city has the present option under this section to decline to succeed to the contract.
(d)
A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if both of the following had occurred prior to December 8, 1971:
(1)
The land being annexed was within one mile of the city’s boundary when the contract was executed.
(2)
The city had filed with the county board of supervisors a resolution protesting the execution of the contract.
(e)
A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if each of the following had occurred prior to January 1, 1991:
(1)
The land being annexed was within one mile of the city’s boundary when the contract was executed.
(2)
The city had filed with the local agency formation commission a resolution protesting the execution of the contract.
(3)
The local agency formation commission had held a hearing to consider the city’s protest to the contract.
(4)
The local agency formation commission had found that the contract would be inconsistent with the publicly desirable future use and control of the land.
(5)
The local agency formation commission had approved the city’s protest.
(f)
It shall be conclusively presumed that no protest was filed by the city unless there is a record of the filing of the protest and the protest identifies the affected contract and the subject parcel. It shall be conclusively presumed that required notice was given before the execution of the contract.
(g)
The option of a city to not succeed to a contract shall extend only to that part of the land that was within one mile of the city’s boundary when the contract was executed.
(h)
If the city exercises its option to not succeed to a contract, then the city shall record a certificate of contract termination with the county recorder at the same time as the executive officer of the local agency formation commission files the certificate of completion pursuant to Section 57203. The certificate of contract termination shall include a legal description of the land for which the city terminates the contract.

Legislative History

Amended by Stats. 2002, Ch. 188, Sec. 1. Effective January 1, 2003.