Cal. Pub. Res. Code § 5096.517

Conservation Lands Acquisition Procedures

Redline — January 1, 2011 → current.View current text →

Current — January 1, 2013

As of January 1, 2011

(a) The Department of General Services shall convene a workgroup to develop and adopt standards, subject to the approval of the Resources Agency, with respect to the acquisition of conservation lands. The workgroup shall not exceed six members and shall include, but not be limited to, representatives from all of the following:

(1) The Department of Parks and Recreation.

(2) The Wildlife Conservation Board.

(3) The State Coastal Conservancy and one or more other state conservancies with land acquisition responsibilities.

(b) The workgroup shall hold a public hearing to solicit public comments prior to the adoption of standards pursuant to subdivision (a).

(c) In developing standards for the appraisal of resource conservation acquisitions, including both direct and state-funded grant acquisitions, the Department of General Services and the workgroup shall consider, by January 1, 2010, all of the following:

(1) Qualifications of the appraiser, including, but not limited to, all of the following:

(A) The appraiser shall not engage in any appraisal activity in connection with the purchase, sale, transfer, financing, or development of real property if his or her compensation is dependent on or affected by the value determined by the appraisal.

(B) The appraiser shall be appropriately licensed by the Office of Real Estate Appraisers pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code.

(D) Any additional qualifications regarding education, certification, and years of experience deemed to be necessary by the Department of General Services and the workgroup.

(E) This paragraph does not limit the ability of a public agency to award a contract based on appraiser qualifications, including designations, experience, and other factors deemed necessary to perform an appraisal on a specific assignment, that exceed the qualifications of this paragraph.

(2) Appraisal methodology to be used.

(3) Scope of the analysis and level of information provided in the appraisal report, including, but not limited to, both of the following:

(A) Verifiable data on the development potential of the land, such as what would be required for a development project to proceed.

(B) Reports documenting suspected environmental contamination.

(4) Reference to comparable government and conservation transactions when available.

(5) Age of the appraisal or appraisal update to be reviewed by the department to keep an appraisal from being over one and one-half years old.

(6) Appraisal of conservation easements, using the information from the “Valuation of Conservation Easements Certificate Program” created by members of the Appraisal Foundation and the Land Trust Alliance as guidelines.

(7) Standards for the release of the appraisal review, including, but not limited to, both of the following:

(A) Guidelines to state resource agencies for public disclosure requirements.

(B) Improvement of the legislative notification process for better oversight, including, when requested by the Legislature, provision of a copy of the appraisal review for a major acquisition before the close of escrow.

(a) In addition to any other requirements or standards prescribed by law, appraisal reports prepared for the acquisition of any land or interest therein by or with funding from an “acquisition agency,” as defined in subdivision (a) of Section 5096.501, shall include all of the following to be considered for appraisal review by the state:

(1) A collection of descriptive photographs and maps of sufficient quality and detail to clearly depict the subject property and any market data relied upon, including the relationship between the location of the subject property and the market data.

(2) A complete description of the subject property land, site characteristics, and improvements. Valuations based on a property’s development potential shall include:

(A) Verifiable data on the development potential of the land.

(B) A description of what would be required for a development project to proceed, such as legal entitlements, and infrastructure needs.

(C) Presentation of evidence that sufficient demand exists, or is likely to exist in the future, to provide market support for the development.

(3) A statement by the appraiser indicating to what extent land title conditions were investigated and considered in the analysis and value conclusion. The appraisal shall also include a preliminary title report when such a report is available.

(4) A discussion of implied dedication, prescriptive rights, or other unrecorded rights as described in Sections 801 to 813, inclusive, and Sections 1006 to 1009, inclusive, of the Civil Code, that may affect value, indicating the extent of investigation and any knowledge or observation of conditions that might indicate evidence of public use. If the appraiser has no knowledge of, or has not observed, those conditions, a statement to that effect shall be included in the appraisal report.

(5) An appraisal report that includes more than nominal value for specialty interests, including, but not limited to, timber, water, minerals, or carbon credits, shall include a separate valuation prepared and signed by a certified or registered professional qualified in the field of specialty interest. This valuation shall be reviewed and approved by a second qualified, certified or registered professional, considered by the appraiser, and appended to the appraisal report.

(b) Each appraisal report shall be prepared by, and include a signature by an appropriately licensed or certified real estate appraiser in good standing pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code, and its implementing regulations.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.