2007 California Government Code Article 5. Eminent Domain And Other Provisions

CA Codes (gov:51095-51097)

51095.  If any land or a portion thereof as to which any city or
county has accepted or approved an open-space easement pursuant to
this chapter is thereafter sought to be condemned for public use and
the easement was received as a gift without the payment of any
compensation therefor, the easement shall terminate as of the time of
the filing of the complaint in condemnation as to the land or
portion thereof sought to be taken for public use, and the owner
shall be entitled to such compensation for the taking as he would
have been entitled to had the land not been burdened by the easement.



51096.  Lands subject to the grant of an open-space easement
executed and accepted in accordance with this chapter shall be deemed
to be enforceably restricted within the meaning of Section 8 of
Article XIII of the Constitution of the State of California.




51097.  Nothing in this chapter shall be deemed to prevent or
restrict the right or power of any county or city to acquire by
purchase, gift, grant, bequest, devise, lease or otherwise any right
or interest in real property for the purpose of preserving open space
or for any other purpose under any other provisions of law.