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50280. Restriction of property use.

California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures · 2026 edition · updated 2026-07-29 · California

Upon the application of an owner or the agent of an owner of any qualified historical property, as defined in Section 50280.1, the legislative body of a city, county, or city and county may contract with the owner or agent to restrict the use of the property in a manner which the legislative body deems reasonable to carry out the purposes of this article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. The contract shall meet the requirements of Sections 50281 and 50282.

50280.1. Qualified historic property.

"Qualified historical property" for purposes of this article, means privately owned property which is not exempt from property taxation and which meets either of the following:

(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations.

(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

09/07/05

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50281. Required contract provision.

Any contract entered into under this article shall contain the following provisions:

(a) The term of the contract shall be for a minimum period of 10 years.

(b) Where applicable, the contract shall provide the following:

(1) For the preservation of the qualified historical property and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code.

(2) For the periodic examinations of the interior and exterior of the premises by the assessor, the Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the owner's compliance with the contract.

(3) For it to be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract.

(c) The owner or agent of an owner shall provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract.

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▸ Contents — California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures
California Register of Historical Resources — listing regulations; State Historic Rehabilitation Tax Credit procedures
  1. California State Law & Historic Preservation
  2. TABLE OF CONTENTS
  3. INTRODUCTION
  4. Historical Resources
  5. 5020.7. Legislative Intent.
  6. 5022. Landmark and Point of Interest Plaques.
  7. 5025.12.
  8. 5031. Qualified Historical Property.
  9. 5033. Authority to adopt rules.
  10. Heritage Fund
  11. Creation of funds; administration of funds.
  12. Deposits.
  13. 5079.12.
  14. 5079.13.
  15. 5079.14.
  16. 5079.15.
  17. 5079.21.
  18. 5079.40.
  19. 5079.50.
  20. 5079.51.
  21. 5079.61.
  22. Archeological Sites
  23. 5097.1.
  24. 5097.3.
  25. Native American Heritage
  26. California Environmental Quality Act
  27. Public Records
  28. Capitol View Protection
  29. State Capitol Commission
  30. 9149.6.
  31. 9149.7.
  32. 9149.9.
  33. California Main Street Program
  34. 15399.1. Legislative intent.
  35. 15399.4.
  36. Local Government
  37. City Property
  38. 50280. Restriction of property use.
  39. Fees.
  40. 50282. Renewal.
  41. 50284. Cancellation.
  42. 50285. Consultation with state commission.
  43. 50286. Cancellation.
  44. 50287. Action to enforce contract.
  45. 50288. Eminent domain.
  46. 50289. Annexation by city.
  47. 50290. Consultation with state commission.
  48. 65303. Authority for preservation elements.
  49. Human Remains
  50. Hazardous Buildings
  51. 18950. Short title.
  52. 18951. Purpose.
  53. 18952. Application.
  54. 18953. Intent.
  55. 18954. Repairs, alterations and additions.
  56. 18957. Authorized building and fire officials.
  57. 18961. Review enforcement and administration.
  58. 37600. Short title.
  59. 37601. Legislative finding and declaration.
  60. 37603. Request for information by SHPO.
  61. 37621. Fees.
  62. 37622. Service of loans.
  63. 37623. Powers.
  64. 37624. Revenues.
  65. 37625. Rules and regulations.
  66. 37628. Citizen participation.
  67. 37629. Adoption of criteria of selection.
  68. 37630. Prohibition discrimination.
  69. 37631. Limitation of actions.
  70. 37640. Negotiable bonds.
  71. 37641. Serial or term bonds.
  72. 37642. Terms and conditions.
  73. 37643. Personal liability.
  74. 37644. Purchase by local agency.
  75. 37645. Trust agreements.
  76. 37646. Enforcement rights and duties.
  77. 37647. Payment of bonds.
  78. 37648. Refunding bonds.
  79. 37649. Legal investments.
  80. 37650. Exercise of powers for benefit.
  81. 37660. Financing to participating parties.
  82. 37661. Loan agreements.
  83. 37662. Trust funds.
  84. Easements
  85. 815.1. Conservation easement defined.
  86. 815.2. Interest in real property.
  87. 815.3. Entities authorized to acquire.
  88. 815.4. Grantors.
  89. 815.5. Recordation.
  90. 815.9. Political Subdivision; authority to hold comparable eas…
  91. 815.10. Enforceable restrictions.
  92. Historic Property Restriction
  93. 439.1. Historical Property; definitions.
  94. 439.2. Historical Property; valuation.
  95. 439.3. Historical Property; notice of nonrenewal.
  96. 439.4. Historical Property; recordation.
  97. Destruction of Historical Properties
  98. 4850. Authority.
  99. 4853. Application Format.
  100. 4854. Application Procedures.
  101. 4858. Saving Clause.
  102. Appendix A. A Glossary of Terms as used in the California Regi…
  103. CEQA Guidelines (Title 14, Chapter 3)
  104. 15126.4 Consideration and Discussion of Mitigation Measures Pr…
  105. [NOT INCLUDED]
  106. A Glossary of Terms as used in the California Register of Hist…

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