Fresno County Municipal Code Ch. 20.12 Land Conservation Act

All contracts entered into between the county and owners of property pursuant to the California Land Conservation Act of 1965 shall be interpreted as follows:

A. Where a contract provides for its nullification upon the filing of a condemnation of all or a portion of the property subject to the contract or of an interest in all or any part of such property where the interest condemned is less than fee, such nullification operates for purposes of establishing value for condemnation purposes; that in administering such portion of the contract the board of supervisors of the county or city council of the city having jurisdiction over such land, will apply Section 51295 of the Government Code of the state and any cancellation of the contract shall be pursuant to Article 5 (commencing with Section 51280) of Chapter 7 of Part 1 of Division 1 of Title 5 of the Government Code.

B. Where a contract provides for a cancellation when the remainder portion of land, after an action or acquisition by or in lieu of condemnation, is determined by the board of supervisors of the county or city council of the city having jurisdiction over the land subject to the contract, to be impaired to such an extent as to make it unsuitable for those uses legally available to the owner under such terns of his contract, then in administering such portion of the contract such governing body will apply Section 51295 of the Government Code and any cancellation of the contract shall be pursuant to Article 5 (commencing with Section 51280) of Chapter 7 of Part l of Division l of Title 5 of the Government Code.

C. If such a contract provides for any waiver of cancellation payment "provided that such waiver is in the best interest of the program to conserve agricultural land," then in administering such portion of the contract, the board of supervisors or the city council of the city having jurisdiction over the land subject to such contract shall apply subdivision "c" of Section 51283 of the Government Code.

(Prior code, § 740)