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Questions and Answers Relating to the Wt Lamson Act Page 3 of 4 ... ..e operations on the subject contracted parcel or parcels or on the other contracted lands in agricultural preserves. Uses that significantly displace agricultural operations on the subject contracted parcel or _ parcels may be deemed compatible if they relate directly to the production of commercial agricultural products on the subject contracted parcel or parcels or neighboring lands,including activities such as harvesting,processing,or shipping." (3) "The use will not result in the significant removal of adjacent contracted land from agricultural or open space use." 12.What method of valuation will be used to value land if a contract is entered into? Section 423 of the Revenue and Taxation Code provides that lands which are subject to an enforceable restriction shall be valued by the capitalization income method. The capitalization rate shall not be derived from sales data and shall be the sum of three components which are: (1)the interest component,(2)a risk component,and(3)a property tax component. In addition,the lowest of three valuations is enrolled: (1)restricted value,(2)factored base year value,or(3)current market value. 13.Will property owners be required to provide any basis for assessments based on agricultural value? Yes. The Assessor will require that the owner file an income statement for the land in question for each year. Questionnaires are sent to owners annually in most jurisdictions. 14.Are there any zoning requirements? Most cities and counties require that land subject to a contract be zoned with an agricultural designation consistent with General Plan policy. 15.What are the land uses permitted within an Agricultural Preserve? _ The rules of each Agricultural Preserve will specify the uses that will be permitted therein. Generally,any commercial agricultural use will be permitted within any Agricultural Preserve. In addition,local governments may identify compatible uses permitted within an Agricultural Preserve. 16.Can the contract be canceled? Only the landowner can petition a local government to cancel a contract.Cancellation(i.e.,immediate cessation of the contract)must be based on specific findings that are supported by substantial evidence,and can take place only after a public hear-ing and a determination by the Board or Council that the specific findings can be met. The existence of an opportunity for another use of the property is not sufficient reason for cancellation.In addition,the uneconomic character of an existing agricultural use shall not,by itself,be sufficient reason for cancellation of the contract. 17.How have courts interpreted cancellation provisions? The Supreme Court has stated that cancellation is not appropriate where the objectives served by the cancellation could be served by nonrenewal,(See Sierra Club v City of Hayward(1981)28 Cal.3d 840, 852-853). Cancellation is reserved for unusual,"emergency" situations. Therefore,the nine-year nonrenewal process has been identified as the legally preferred method for terminating a Williamson Act contract. http://www.co.humboldt.ca.us/planning/brochure/william.htm 5/12/2004