California 2009-2010 Regular Session Status: To Executive

SB 555 — Eminent Domain Law: conservation easement.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes various agencies to acquire land for purposes related to conservation. Existing law provides for a conservation easement to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. Existing law establishes procedures for the independent appraisal review of land to be acquired for conservation and establishes a conservation easement registry. Existing law prohibits, with a specified exception, the sale of conservation lands to another owner or the transfer of possession and control of conservation lands to another agency, unless specified actions occur. The California Constitution permits private property to be taken or damaged for public use only when just compensation is paid. The Eminent Domain Law prescribes how that constitutionally authorized power may be exercised and permits that exercise only for a public use. Existing law prohibits a public entity from commencing an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets specified requirements. This bill would revise the Eminent Domain Law to establish requirements for acquisition of property subject to a conservation easement. The bill would require the person seeking to acquire the property to give the holder of the conservation easement a notice containing specified information and an opportunity to comment on the acquisition. The bill would require the holder of the conservation easement to provide notice, under certain circumstances and as specified, of the proposed acquisition to each public entity that helped fund the purchase of the conservation easement or that imposed conditions on approval or permitting of a project that were satisfied, in whole or in part, by the conservation easement, and other information, as specified. The bill would require a person seeking to acquire the property subject to the conservation easement to respond to any comments in writing and provide by first-class mail the response to each easement holder or public entity that filed comments. The bill would require the notice of the hearing on the resolution of necessity to be sent to any holder of the conservation easement and public entity, as specified, and to contain information regarding the effect of failing to file a written request to appear and be heard. The bill would require that a resolution of necessity to acquire property subject to the conservation easement refer to specific authority for the acquisition of the property. The bill would specify that the holder of the conservation easement is entitled to compensation under the Eminent Domain Law, as specified. To the extent that this bill would impose new duties on a local governmental entity, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 1 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 27. Noes 11. Page 2389.) To enrollment.

  6. In Senate.

  7. Read third time. Passed. (Ayes 50. Noes 25. Page 3113.) To Senate.

  8. Read third time. Amended. To third reading.

  9. Read second time. To third reading.

  10. (Heard in committee on August 19.)

  11. From committee: Do pass. (Ayes 12. Noes 4.)

  12. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  14. (Heard in committee on June 30.)

  15. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  17. Set, first hearing. Hearing canceled at the request of author.

  18. To Com. on JUD.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 22. Noes 14. Page 1135.) To Assembly.

  21. Read second time. To third reading.

  22. Read third time. Amended. To second reading.

  23. Read second time. To third reading.

  24. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  25. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  26. Set for hearing May 18.

  27. Read second time. Amended. Re-referred to Com. on APPR.

  28. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 3. Noes 2. Page 586.)

  29. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  30. Set for hearing April 21.

  31. To Com. on JUD.

  32. Read first time.

  33. From print. May be acted upon on or after March 30.

  34. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Kehoe · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Kehoe

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Supp 1 SB555 Kehoe Concurrence

Passed 27 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 251003
Democratic 2000
Republican 0100
Total 271103
% of votes cast 66%27%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Florez — Yea
Lowenthal — Yea
Cedillo — Yea
Harman — Nay
Huff — Nay
Runner — Nay
Negrete — Not Voting
Kehoe — Yea
Leno — Yea
McLeod — Not Voting
Cogdill — Yea
Oropeza — Yea
Ashburn — Nay
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Benoit — Yea
Hollingsworth — Not Voting
Liu — Yea
Maldonado — Yea
Pavley — Yea
Simitian — Yea
Wolk — Yea
Correa — Nay
Cox — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 555 Kehoe Senate Third Reading By CHESBRO

Passed 59 Yea · 27 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 562504
Democratic 2001
Republican 1200
Total 592705
% of votes cast 65%30%0%5%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Bill — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Tom — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Anderson — Nay
Bass — Yea
Block — Yea
Duvall — Nay
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Audra — Nay
Charles — Not Voting
Fletcher — Not Voting
Garrick — Not Voting
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Villines — Nay
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15401
Democratic 1000
Republican 0100
Total 16501
% of votes cast 73%23%0%5%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Conway — Nay
Fuentes — Yea
Hall — Yea
Harkey — Not Voting
Hill — Yea
Miller — Nay
Ammiano — Yea
Duvall — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB555 Kehoe

Passed 22 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201304
Democratic 2000
Republican 0100
Total 221404
% of votes cast 55%35%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Harman — Nay
Corbett — Yea
Leno — Yea
Lowenthal — Yea
Ducheny — Yea
Oropeza — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wyland — Nay
Negrete — Not Voting
Runner — Not Voting
Hollingsworth — Nay
Correa — Not Voting
Huff — Nay
McLeod — Not Voting
Wright — Nay
Aanestad — Nay
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Pavley — Yea
Romero — Yea
Walters — Nay
Wolk — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

housing environment
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Frequently asked questions

What does SB 555 do?
Existing law authorizes various agencies to acquire land for purposes related to conservation. Existing law provides for a conservation easement to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. Existing law establishes procedures for the independent appraisal review of land to be acquired for conservation and establishes a conservation easement registry. Existing law prohibits, with a specified exception, the sale of conservation lands to another owner or the transfer of possession and control of conservation lands to another agency, unless specified actions occur. The California Constitution permits private property to be taken or damaged for public use only when just compensation is paid. The Eminent Domain Law prescribes how that constitutionally authorized power may be exercised and permits that exercise only for a public use. Existing law prohibits a public entity from commencing an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets specified requirements. This bill would revise the Eminent Domain Law to establish requirements for acquisition of property subject to a conservation easement. The bill would require the person seeking to acquire the property to give the holder of the conservation easement a notice containing specified information and an opportunity to comment on the acquisition. The bill would require the holder of the conservation easement to provide notice, under certain circumstances and as specified, of the proposed acquisition to each public entity that helped fund the purchase of the conservation easement or that imposed conditions on approval or permitting of a project that were satisfied, in whole or in part, by the conservation easement, and other information, as specified. The bill would require a person seeking to acquire the property subject to the conservation easement to respond to any comments in writing and provide by first-class mail the response to each easement holder or public entity that filed comments. The bill would require the notice of the hearing on the resolution of necessity to be sent to any holder of the conservation easement and public entity, as specified, and to contain information regarding the effect of failing to file a written request to appear and be heard. The bill would require that a resolution of necessity to acquire property subject to the conservation easement refer to specific authority for the acquisition of the property. The bill would specify that the holder of the conservation easement is entitled to compensation under the Eminent Domain Law, as specified. To the extent that this bill would impose new duties on a local governmental entity, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors SB 555?
SB 555 is sponsored by Kehoe.
What is the current status of SB 555?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 555?
Track SB 555 free on One Click Politics — get push/email alerts when it moves.

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