Cal. Code Regs. tit. 14 § 1575.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 1575.1 - Responsibilities of the Department

The Director shall send to each approved applicant a Preliminary Purchase Agreement outlining what, in general, is to be purchased and the tasks to be completed, and stating that the specific terms will not be known until the appraisal is complete (if the project is not a donated easement).

The purpose of the Preliminary Purchase Agreement is to define the nature of the work to be done and who will do it. The Department shall work with the landowner and/or their representative to obtain items necessary to complete the project; these may include, but are not limited to, the preliminary title report, survey for certificate of possession, hazardous materials assessment, and, where applicable, development of the conservation easement and appraisal.

Except in the case of a full and complete donation of land or interest in land the following shall apply with regard to land or interest in land subject to inclusion into the Program:

(a) the landowner must be informed of the fair market value of that sale of the property and that the sale is strictly voluntary;

(b) the landowner must be informed that Federal and/or State appraisal standards must be met;

(c) the landowner must be notified in writing that the property will not be purchased if negotiations do not result in amicable agreement; and

(d) the landowner must be informed that payment for lands or interests in lands shall be no more than fair market value as determined by the appraisal.

Cal. Code Regs. Tit. 14, § 1575.1

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17).

Note: Authority cited: Section 12249, Public Resources Code. Reference: Section 12249, Public Resources Code.

1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17).