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Y Kerry Sullivan May 15, 2003Page 2 Williamson Act Minor Subdivision for Purpose of Sale and Construction of Residence The purpose of the Williamson Act is to preserve agricultural land. Government Code section 51246. The purpose is not for residential development. The Supreme Court in Sierra Club v. City of Hayward, 28 Cal.3d 840, 850 stated the Williamson Act was enacted to curb "the rapid and virtually irreversible loss of agricultural land to residential and other developed uses . . . (Emphasis added.) The Court of Appeal in Delucchi v. County of Santa Cruz (1986) 179 Cal.App.3d 814, 820 summarized the contractual obligations of the landowner and the county as follows: In 1965, our state Legislature enacted the Williamson Act in an endeavor to preserve agricultural land and discourage the premature and unnecessary conversion of such land to urban uses. (Gov. Code section 51200 et seq.)Under the act local governments are authorized to establish agricultural.preserves (Gov. Code section 51230) wherein land uses are limited to agricultural and compatible uses. (Gov. Code section 51243.) The act further empowers the government entity to enter into annually renewable contracts restricting land use for a minimum term of ten years. (Gov. Code sections 51240, 51242, 51244.) In return for agreeing to restrict the use of his land in accordance with the act, the landowner receives a reduced property tax assessment based on the value of the land for its current use as opposed to its market value. (Cal . Const., art. XIII, section 8, formerly I#aw art. XXVII, Sierra Club v. City of Hayward(1981) 28 Ca1.3d 840, 851 [171 Cal.Rptr. 619, 623 P.2d 180]; Honey Springs Homeowners Assn. v. Board of Supervisors (1984) 157 Cal.App.3d 1122, 1131 [203 Cal.Rptr. 886]; Shellenberger v. Board of Equalization (1983) 147 Cal.App.3d 510, 513 [195 Cal.Rptr. 168];Kelsey v. Colwell (1973) 30 Cal.App.3d 590, 592 [106 Cal.Rptr. 420].) The landowner may terminate the contract by serving notice upon the local government, but is proscribed from developing the land during the balance of the contract term. (Gov. Code section 51246.) Upon notice of non- renewal, taxes on the property gradually return to tax levels for nonrestricted property. (Rev. & Tax Code, section 426.) (Emphasis added.) The requirements of the Williamson Act are to be taken seriously. The courts in the above-cited cases strictly construe the Williamson Act. The State Department of Conservation has an interest in farmland preservation. Government Code section 51206,Public Resources Code section 10200 et seq. The Legislature requires the county to file a yearly agricultural preserve report with the Department of Conservation. Government Code section 51237.5. Currently, the Williamson Act is in jeopardy because the Governor desires to stop the payment of subventions to the counties that the counties use to help make up for the revenue lost through Williamson Act contracts. The proposed minor subdivision is to divide a 14.42-acre parcel into a 10 and a 4.42 parcel. This is consistent with the general plan and the zoning, which is AL-5. The 4.42-acre parcel is a gross cr..----i 71.4-. ry nrrrlrvanr to this analysis and the requirements of the Williamson Act and the Subdivision Map Act.