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Controversy When Thinking About The Williamson Act As Relating To Solar Farm Investment And How It Applies To CUP
The function of the Williamson Act is to ensure enough food supplies, to curb any out of control as well as unwelcome alteration of farming lands, to dissuade discontinuous urban development patterns, and to protect open space. Being a voluntary process, the Act presently includes 16.6 million acres, just about 33% of all of the private land in California, under long-term contract. Contracts are typically with counties together with just a couple of urban centers getting involved in the program. All of the contracts have enforceable limits on property and they are binding on successors to both landowners and local government. Landowners enter legal agreements with cities and counties to restrict utilization of their land in exchange for lower tax assessments, based on the farming use compared to the probable market price of the property.
The Williamson Act does not expressly focus on the placement of solar thermal or PV generation facilities on land subject to it. Nevertheless, subject to specific features of the specific facility, plus the needs of the landowner, you will discover four approaches a solar thermal or PV generation facility could be located on land governed by the Williamson Act; Property that is ideal for solar farm investment. First, placing a solar thermal or PV generation facility on property inside of an agricultural preserve could possibly be authorized as a an appropriate use dependent upon regional guidelines regulating compatibility. Second, the landowner can furnish notice of non-renewal to the city or county administering the Williamson Act contract for the land and thus eventually remove the Williamson Act's limitations over use of the property. Third, the long-term contract could be canceled pursuant to mandatory statutory procedures within suitable conditions. Here, in practically all instances, the landowner would most likely be accountable for having to pay an end of contract fee. Fourth, a public agency having the power of eminent domain could possibly acquire the land governed by a Williamson Act contract, in so doing nullifying the contract and making the land clear of the contract's limitations.
For solar farm investment to proceed there are specific strategies that solar farm investors could possibly use within an agricultural preserve or on land restricted by the Williamson Act contract. In summary: (1) A town or county could possibly decide under certain factual patterns that the solar thermal or PV generation facility can be an acceptable use on land constrained by a Williamson Act contract; (B) A city or county, or the landowner, could decide to not renew the contract; (3) A town or county may find it is either consistent with the Williamson Act or else in the local community interest to end the contract for the solar thermal or PV generation facility and instantly remove the land's restrictions; or (4) A public agency having the power to condemn land will be able to buy the contracted land by eminent domain making the Williamson Act contract void. Only when property has removed a Williamson Act constraint is solar farm investment possible.
One last thing to consider tends to be that agricultural technological innovations progress swiftly with time, and land which may be desirable for solar thermal or PV generation today may sooner or later end up being essential for the production of foods. It is essential that designs for the alteration of farming property to solar thermal or PV projects incorporate an extensive site restoration methodology talking about the way the project proponents will recover the property back to its current condition if and when the solar energy panels are cleaned up and taken away.
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