2007 California Public Resources Code Article 5.5. Agricultural Leasing

CA Codes (prc:5069-5069.4)

PUBLIC RESOURCES CODE
SECTION 5069-5069.4



5069.  The Legislature finds and declares that agricultural lands
are necessary to the conservation of the state's economic resources
and necessary to the maintenance of the economy of the state, and
that the preservation of agricultural lands in productivity is
necessary for the protection of the public interest and, in
appropriate instances, is desirable for the enhancement of the use
and enjoyment of units of the state park system.



5069.1.  Any portion of any parcel of real property acquired for
state park system purposes, which had been farmed or grazed, or
otherwise used for agricultural purposes, within the 24 months
immediately preceding acquisition, may be made available for lease
for agricultural purposes by the department if the director makes
written findings that use of the real property for agricultural
purposes would be compatible with the ultimate use of the real
property as a unit, or part of a unit, of the state park system and
with the sound management and conservation of resources within the
unit.



5069.2.  Following approval of the general plan for a unit of the
state park system pursuant to Section 5002.2, all real property which
has been designated in the general plan for retention in
agricultural use indefinitely as a feature of that unit shall be made
available for leasing by the department for agricultural purposes.
In addition, any real property which will not be improved pursuant to
the general plan for at least three years from the date of approval
of the general plan, and which was being leased for agricultural
purposes immediately prior to approval of the general plan, may
continue to be available for leasing for agricultural purposes if the
director makes written findings that use would be compatible with
the general plan or until the commencement of improvements thereon.




5069.3.  (a) The rent for any real property leased for agricultural
purposes shall be based upon the fair market value of the real
property when used for agricultural purposes.  All rents shall be
deposited pursuant to Section 5010.
   (b) A lease term may not exceed 10 years.  Leases may be renewed
for additional terms.
   (c) Every lease entered into pursuant to this article shall be
subject to approval by the Department of General Services.  Every
lease shall require the lessee to pay the taxes on the lessee's
interest in the real property which become due, owing, or unpaid on
the interest created by the lease.


5069.4.  For the purposes of this article, "agricultural purposes"
means the growing and harvesting of plant or animal products in a
manner not inconsistent with the long-term natural qualities and
recreational potentials of the land.  "Agricultural purposes" does
not include any activity related to the harvesting and production of
timber.

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