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JUL-06-1993 16:26 FROM LAND CONSERUATION SAC TO 912094683163 P.03 Mr. William Sousa July 61 1993 Page 3 requires that the nonrenewal process be Completed before development may occur. Based on gie=a Club, a subsequent legislative attempt to allow easier cancellations was declared unconstitutional in LeXis v. C't o Ha ( (1986) 177 Cal.App.3d 103) . The court emphasized that: "Our high court has held that a Williamson Act contract does not meet the constitutional standard if it can be canceled solely upon a showing that the ntheSLegislaturevaluable to definefor development. . .if Section 8 allows restrictions, it does not permit a definition which renders such restrictions ineffective for land conservation purposes. ". . .to pass constitutional muster, a restriction must be enforceable in the face of imminent urban development, and may not be terminable merely because such development is desirable or profitable to the landowner. If the purpose of the window provision is to allow termination of the Williamson Act contracts merely because development is imminent, without concern .for the publics interest in the underlying article XIII, section 8 of the California Constitution and the Williamson Act, the provisions will not survive constitutional scrutiny." Williamson Act contracts may be canceled only if a Board of Supervisors finds that cancellation of the contract is (1) consistent with the purposes of the Williamson Act, or (2) is in the public interest. Buckeye Limited Partnership has submitted proposed subfindings to support cancellation of the contracts under either the consistency or public interest cancellation criteria. The comments below include our assessment of the adequacy of these proposed findings. CANCELLATION BASED oN CONSISTENCY WITH TH'S ACTS PIMPOSES That the cancellation is consistent with the purposes of the Williamson Act can only be made if all of the following subfindings are supported with substantial evidence. Nonrenewal has been served Nonrenewal was initiated on the contract in April of 1993 . Therefore, this subfinding can be made.