More Detailed Williamson Act Info
The function of the Williamson Act is to guarantee a sufficient amount of food supplies, to suppress the uncontrolled and unwanted transformation of farming lands, to dissuade discontinuous urban growth patterns, and also to protect open space. Being a voluntary program, the Act at present has 16.6 million acres, almost one-third of all the private property within California, under long term contract. Contracts are predominantly with counties with just a few urban centers taking part in this program. All of the contracts are enforceable limitations on property and therefore are binding on successors to both landowners and also the local govt. Landowners enter contracts with cities and counties to limit use of their property in exchange for reduced tax assessments, in line with the farming use compared to the possible market value of the land.
The Williamson Act doesn’t specifically deal with the placement of solar energy generation facilities on property subject to it. Nevertheless, depending on certain attributes of the specific facility, as well as the needs of the landowner, you can find four ways a solar powered energy generation facility could be situated on property subject to the Williamson Act. 1st, placing a solar powered energy generation facility upon property inside an agricultural preserve might be permitted as a compatible use depending on regional guidelines regulating compatibility. 2nd, the landowner could furnish notice of non-renewal to the city or county administering the Williamson Act contract on the property, and ultimately eliminate the Williamson Act’s constraints over use of the property. 3rd, the long term contract could be “canceled” pursuant to required statutory procedures within proper conditions. Here, in virtually all cases, the landowner would certainly be liable for having to pay a termination fee. 4th, a public agency having the power of eminent domain might acquire property subject to a Williamson Act contract (by means of eminent domain or in-lieu of eminent domain), in so doing “nullifying” the contract and making the property free from the contract’s limitations.
There are several ways that a solar powered energy generation facility could possibly be constructed inside an agricultural preserve or on property constrained by the Williamson Act contract. In conclusion: (A) A town or county might decide under specific factual patterns that the solar powered energy generation facility can be a appropriate use on property restricted by a Williamson Act contract; (B) A city or county, or even the landowner, might choose to not renew the contract; (C) A town or county could find it is either consistent with the Williamson Act or perhaps in the community interest to terminate the contract for the solar powered energy generation facility and promptly eliminate the land’s constraints; or (D) A public agency having the power to condemn property may possibly purchase the contracted property by, or in lieu of, eminent domain and make the Williamson Act contract void.
One final thing to consider is the fact that agricultural technologies advance quickly over time, and property which may be attractive for solar power generation today may eventually be necessary for the production of foodstuff. It is crucial that plans for the alteration of farming land to solar power projects incorporate a comprehensive site restoration strategy describing the way the project supporters will restore the property back to its present condition when and if the solar power panels are cleaned up and removed.
