California 2011-2012 Regular Session Status: Enacted

SB 328 — Eminent Domain Law: conservation easement.

Last action — Chaptered by Secretary of State. Chapter 589, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 15, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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. The bill would make a related statement of legislative intent. 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. Chaptered by Secretary of State. Chapter 589, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2148.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 60. Noes 12. Page 2576.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 14. Noes 2.) (July 6).

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 14). Re-referred to Com. on APPR.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  12. Referred to Com. on JUD.

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

  14. Read third time. Passed. (Ayes 37. Noes 1. Page 1137.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

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

  17. Set for hearing May 2.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 642.) (April 12). Re-referred to Com. on APPR.

  19. Set for hearing April 12.

  20. Referred to Com. on JUD.

  21. From printer. May be acted upon on or after March 18.

  22. Introduced. Read first time. 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 · 1 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 Business SB328 Kehoe Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Cannella — Yea
Wyland — Yea
Yee — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Hancock — Yea
Dutton — Yea
Harman — Not Voting
Runner — Not Voting
Anderson — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 328 Kehoe Senate Third Reading By CHESBRO

Passed 60 Yea · 12 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 591107
Republican 1100
Democratic 0001
Total 601208
% of votes cast 75%15%0%10%
How each member voted (80)
Member Party Vote
Butler — Yea
Eng — Yea
Fuentes — Yea
Carter — Yea
Gatto — Yea
Fong — Yea
Allen — Yea
Huber — Yea
Cedillo — Yea
Ammiano — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Not Voting
Atkins — Yea
Campos — Yea
Hagman — Not Voting
Bonilla — Not Voting
Halderman — Nay
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Yea
Chesbro — Yea
Beall — Yea
Conway — Not Voting
Cook — Not Voting
Davis — Yea
Donnelly — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Morrell — Nay
Nestande — Not Voting
Olsen — Nay
Pan — Yea
Silva — Nay
Torres — Yea
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Mansoor — Not Voting
Monning — Yea
Nielsen — Nay
Norby — Yea
Skinner — Yea
Solorio — Yea
Williams — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13201
Democratic 1000
Total 14201
% of votes cast 82%12%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Gatto — Yea
Lara — Yea
Wagner — Yea
Campos — Yea
Mitchell — Yea
Hill — Yea
Davis — Not Voting
Donnelly — Nay
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Nielsen — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 37 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34102
Republican 1000
Democratic 2000
Total 37102
% of votes cast 93%3%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Fuller — Nay
Hancock — Yea
Harman — Yea
Hernandez — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Not Voting
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Cannella — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

housing environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 328 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. The bill would make a related statement of legislative intent. 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 328?
SB 328 is sponsored by Kehoe.
What is the current status of SB 328?
This bill has been enacted into law. Introduced February 15, 2011. Enacted.
Where can I track SB 328?
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