CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260. - 10264.]

Cal. Public Resources Code - PRC 4.

in effect

Cal. Public Resources Code - PRC § 10260. Section 10260.

(a) In determining the amount of funding to be provided for an agricultural conservation easement or fee acquisition grant, the department shall take reasonable steps to ensure that the total purchase price of the agricultural conservation easement or, in the case of a fee title acquisition, the total purchase price of the subject property does not exceed fair market value, taking into consideration the funding from all sources. The determination of fair market value shall be accomplished, as follows: (1) An applicant shall select and retain an independent real estate appraiser to determine the value of the subject property, including any proposed agricultural conservation easement. (2) The department shall review and consider an applicant’s appraisal and may, at its sole discretion, require or obtain an additional appraisal. (3) The easement value shall be calculated by determining the difference between the fair market value and the restricted value of the property. (b) The department may conditionally approve grant applications prior to completion of final appraisals, provided an acceptable appraisal and all other requirements of this division are met before any disbursement of grant funds. (c) The department shall have final authority to determine the acceptability of an appraisal pursuant to this division.

Cal. Public Resources Code - PRC § 10260.5. Section 10260.5.

For purposes of this division, any instrument creating, assigning, or otherwise transferring a conservation easement, fee title, and any associate deed restrictions shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and those instruments shall be subject in all respects to the recording laws. Any amendment to any of these instruments shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and shall be subject in all respects to the recording laws.

Cal. Public Resources Code - PRC § 10261. Section 10261.

(a) Whenever any entity exercises the power of eminent domain to acquire land subject to an agricultural conservation easement under this program, the condemnor shall pay just compensation to the owner of the land in fee and to the owner of the easement as follows: (1) The owner of the land in fee shall be paid the full value that would have been payable to the owner but for the existence of the easement less the fair market value of the easement, as determined by an independent appraisal, at the time of condemnation. (2) The program, and any other contributing parties if so provided in the easement, shall be paid the value of the easement at the time of condemnation. (b) The director may provide, by regulation, or, pursuant to the terms of the easement, that in the case of acquisition of the easement by a federal agency, that the agency shall agree to the amount of compensation paid for the easement that is determined pursuant to subdivision (a), or pay the current fair market value of the land subject to an agricultural easement. The director shall distribute the proceeds of a land sale that is made in accordance with the conditions set forth in subdivision (a).

Cal. Public Resources Code - PRC § 10262. Section 10262.

An agricultural conservation easement shall not prevent any of the following: (a) The granting of rights-of-way by the owner of the subject land in and through the land for the installation, transportation, or use of water, sewage, electric, telephone, gas, oil, or oil product lines, stock water development and storage, energy generation, and fencing if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities. (b) The construction and use of structures on the subject land that are necessary for agricultural production and marketing, including, but not limited to, barns, shops, packing sheds, cooling facilities, greenhouses, roadside marketing stands, stock water development and storage, energy generation, and fencing, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities. (c) Customary part time or off season rural enterprises or activities, including, but not limited to, hunting and fishing, wildlife habitat improvement, predator control, timber harvesting, and firewood production, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities.

Cal. Public Resources Code - PRC § 10262.5. Section 10262.5.

The granting of an agricultural conservation easement under this division shall not be interpreted to convey any rights of public access to the subject property.

Cal. Public Resources Code - PRC § 10263. Section 10263.

(a) The department shall act on an application for a grant within 180 days after the department determines that it is complete. (b) The department shall notify the applicant of the department’s decision in writing. For any decision to disapprove an application, the written notice shall state the reason for the disapproval.

Cal. Public Resources Code - PRC § 10264. Section 10264.

The director shall disapprove the application for a grant for the acquisition of an agricultural conservation easement or fee title in any of the following circumstances: (a) The application does not satisfy the eligibility criteria set forth in Section 10251. (b) The department has determined that clear title to the agricultural conservation easement cannot be conveyed. (c) There is insufficient money in the fund to carry out the acquisition. (d) Other acquisitions have a higher priority. (e) The application does not satisfy other relevant requirements provided by the fund source or in the guidelines, solicitation, application, or other relevant control documents, as determined by the department.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026