Open-space easements.

(1) Existing law regulates the execution and acceptance of a grant of an open-space easement, as defined, that was entered into before January 1, 1975. The execution and acceptance of a grant of an open-space easement constitutes a dedication to the public of the open-space character of the lands for the term specified. Existing law provides that the easement and covenant run for a term of not less than 20 years. Existing law authorizes an open-space easement to contain a covenant against the extraction of natural resources or other activities that may destroy the unique physical and scenic characteristics of the land, as specified. This bill would make technical, nonsubstantive changes to these provisions. (2) The Open-Space Easement Act of 1974 authorizes any county or city that has an adopted open-space plan to accept or approve a grant of an open-space easement, as defined, on privately owned lands lying within the county or city in a specified manner for a term not less than 10 years. Existing law authorizes a grant of an open-space easement to be accepted only if the governing body, by resolution, makes specified findings, including a finding that the preservation of the land as open space is consistent with the general plan of the county or city and that it is important to the public for a specified purpose. This bill would expand the purposes for which a governing body may approve a grant of an open-space easement, as specified. (3) Existing law, the Open-Space Easement Act of 1974, requires the clerk of the governing board of a city or county, upon acceptance or approval of a grant of an open-space easement, as defined, to record the easement in the office of the county recorder and file a copy of the easement with the county assessor, as specified. Existing law requires the county recorder in each county to develop and maintain, within the existing indexing system, a comprehensive index of conservation easements and notice of conservation easement on lands within that county. This bill would require an easement accepted or approved pursuant to existing law to be recorded consistent with the existing indexing system maintained by a county recorder.