Chrystal Thurman Warner's Real Estate Blog

 For those who are not familiar with the Williamson act, it is also known as the California Land Conservation Act of 1965.  What this act does is offer a tax incentive for property owners by assessing the land based on the amount of income it is capable of producing rather than on the  actual market value. The goal of the Williamson Act is to discourage agricultural land from being converted to urban uses.  While land is under the Williamson Act contract the property is restricted to being used for commercial agricultural production.  Commodities such as livestock, fruits and vegetables, and trees grown for lumber fall under such guidelines.  A home may be built on the property if it qualifies as compatible use on the property.  

The minimum contract for the Williamson Act is 10 years and is automatically renewed every year.  However the renewal may be stopped by advance notice by either the local government or the land owner.  The contract may also be canceled at any other time if  it is determined to be in the best interest of the public.

If for some reason the land is not being used for commercial agricultural production the contract could be canceled, may not be renewed, or may be exchanged for the Open Space Easement. 

The Open Space Easement does not require the land to be for commercial agricultural production, but does require the land to be relatively undeveloped in order to preserve natural resources.  A single family residence is usually found to be compatible with the Open Space Easement but it must again comply with specific criteria.

It seems that it is always a good idea to protect our natural resources, however protectiong them through easement or contractual restrictions is a decision one would have to carefully consider.   The Williamson Act is a binding contract  and is not just binding on the land owner, but also it’s successors.   Anytime an easement or restriction is present, property values may be affected, as may be the enjoyment of your land. 

Your local government has all the information you need to make an educated decision on wether the Williamson Act or the Open Space Easement is right for you.  Please take advantage of all information available to you before putting your land under any restrictions or allowing any easements!