State – Proposed changes to California land-use law could allow Native American tribes to bypass current legal hurdles and public interest and immediately cancel contracts in order to build tribal infrastructure. The revisions are introduced in Senate Bill 170 proposed by Senator Dean Florez on behalf of the Santa Ynez Band of Chumash, which has a small Rancheria in Santa Barbara County. “In a nutshell, it will give tribes the ability to say what is in the public’s interest and condemn Williamson Act land, removing one of the legal hurdles citizens, local government and the State have used successfully in preventing fee land from transferring into trust,” said one concerned via email. Under current restrictions set-forth by the Williamson Act, landowners can restrict their land’s use for ten year intervals. In return, the county will tax the land based on lower agricultural values rather than speculative development prices. The Regional Council of Rural Counties (RCRC), the California State Association of Counties (CSAC), and local group No Casino In Plymouth have all made clear their opposition to the bill. In a letter to the Senate Local Government Committee, Kathy Mannion of RCRC and Kathy Keene of CSAC stated that, “these proposed amendments are in conflict with this policy direction and make a mockery of the state’s most successful voluntary farmland conservation program.” The letter went on to say, “our small, financially strapped counties will likely not even have the option to rebut because they lack the resources to enter into a costly lawsuit with tribal interests.” If it passes, the bill will apply to more than 100 federally recognized tribes in the state. The majority of tribes are in rural areas where land borders with Williamson Act land. In many cases, tribes own off-reservation land with Williamson Act provisions. The Local Government Committee, on which Amador County Representative Dave Cox sits, will conduct a hearing on the bill on April 15. In the words of John Gamper, director of taxation and land use for the California Farm Bureau Federation, “this bill would give the Indians more power than the government entities in California.” Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
Monday, 13 April 2009 00:49
Land-Use Law Proposal
State – Proposed changes to California land-use law could allow Native American tribes to bypass current legal hurdles and public interest and immediately cancel contracts in order to build tribal infrastructure. The revisions are introduced in Senate Bill 170 proposed by Senator Dean Florez on behalf of the Santa Ynez Band of Chumash, which has a small Rancheria in Santa Barbara County. “In a nutshell, it will give tribes the ability to say what is in the public’s interest and condemn Williamson Act land, removing one of the legal hurdles citizens, local government and the State have used successfully in preventing fee land from transferring into trust,” said one concerned via email. Under current restrictions set-forth by the Williamson Act, landowners can restrict their land’s use for ten year intervals. In return, the county will tax the land based on lower agricultural values rather than speculative development prices. The Regional Council of Rural Counties (RCRC), the California State Association of Counties (CSAC), and local group No Casino In Plymouth have all made clear their opposition to the bill. In a letter to the Senate Local Government Committee, Kathy Mannion of RCRC and Kathy Keene of CSAC stated that, “these proposed amendments are in conflict with this policy direction and make a mockery of the state’s most successful voluntary farmland conservation program.” The letter went on to say, “our small, financially strapped counties will likely not even have the option to rebut because they lack the resources to enter into a costly lawsuit with tribal interests.” If it passes, the bill will apply to more than 100 federally recognized tribes in the state. The majority of tribes are in rural areas where land borders with Williamson Act land. In many cases, tribes own off-reservation land with Williamson Act provisions. The Local Government Committee, on which Amador County Representative Dave Cox sits, will conduct a hearing on the bill on April 15. In the words of John Gamper, director of taxation and land use for the California Farm Bureau Federation, “this bill would give the Indians more power than the government entities in California.” Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
