California Civil Code. California

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СКАЧАТЬ by or on behalf of the owner of the land subject to the easement and is binding upon successive owners of that land, for the purpose of developing greenways adjacent to urban waterways.

      (d) “Local agency” means a city, county, or city and county.

      (e) “Urban waterway” means a creek, stream, or river that crosses (1) developed residential, commercial, or industrial property or (2) open space where the land use is designated as residential, commercial, or industrial, as referenced in a local agency’s planning document, including, but not limited to, a general plan, master plan, or specific general plan.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      816.54. (a) A greenway easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in subdivision (c) of Section 816.52 by any lawful method for the transfer of interests in real property in this state.

      (b) A greenway easement shall be perpetual in duration.

      (c) Notwithstanding the fact that it may be negative in character, a greenway easement is not personal in nature and shall constitute an interest in real property.

      (d) The particular characteristics of a greenway easement shall be those granted or specified in the instrument creating or transferring the easement.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      816.56. Only the following entities or organizations may acquire and hold a greenway easement:

      (a) A tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue Code and qualified to do business in this state that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use, or the preservation or development of a greenway.

      (b) The state or any city, county, city and county, district, or other state or local governmental entity, if otherwise authorized to acquire and hold title to real property and if the greenway easement is voluntarily conveyed. A local governmental entity shall not condition the issuance of an entitlement for use on the applicant’s granting of a greenway easement pursuant to this chapter.

      (c) A federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the greenway easement is voluntarily conveyed.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      816.58. All interests not transferred and conveyed by the instrument creating the greenway easement shall remain in the grantor of the greenway easement, including the right to engage in all uses of the land not affected by the greenway easement nor prohibited by the greenway easement or by law.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      816.60. Instruments creating, assigning, or otherwise transferring greenway easements shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and those instruments shall be subject in all respects to the recording laws.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      816.62. (a) No greenway easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the instrument creating it as running with the land.

      (b) Actual or threatened injury to or impairment of a greenway easement or actual or threatened violation of its terms may be prohibited or restrained, or the interest intended for protection by that easement may be enforced, by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by the owner of the greenway easement.

      (c) In addition to the remedy of injunctive relief, the holder of a greenway easement shall be entitled to recover money damages for any injury to the greenway easement or to the interest being protected thereby or for the violation of the terms of the greenway easement. In assessing the damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, or environmental value to the real property subject to the greenway easement.

      (d) The court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney’s fees.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      816.64. Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right or power to hold interests in land comparable to greenway easements, including, but not limited to, Chapter 12 (commencing with Section 6950) of Division 7 of Title 1 of, Chapter 6.5 (commencing with Section 51050), Chapter 6.6 (commencing with Section 51070) and Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of, and Article 10.5 (commencing with Section 65560) of Chapter 3 of Title 7 of, the Government Code, and Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      816.66. A greenway easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code.

      (Added by Stats. 2015, Ch. 639, Sec. 3. Effective January 1, 2016.)

      CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 — 817.4]

      (Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2.)

      817. “Limited-equity housing cooperative” or a “workforce housing cooperative trust” means a corporation organized on a cooperative basis that, in addition to complying with Section 817.1 as may be applicable, meets all of the following requirements:

      (a) The corporation is any of the following:

      (1) Organized as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.

      (2) Holds title to real property as the beneficiary of a trust providing for distribution for public or charitable purposes upon termination of the trust.

      (3) Holds title to real property subject to conditions that will result in reversion to a public or charitable entity upon dissolution of the corporation.

      (4) Holds a leasehold interest, of at least 20 years’ duration, conditioned on the corporation’s continued qualification under this section, and provides for reversion to a public entity or charitable corporation.

      (b) (1) The articles of incorporation or bylaws require the purchase and sale of the stock or membership interest of resident owners who cease to be permanent residents, at no more than a transfer value determined as provided in the articles or bylaws, and that shall not exceed the aggregate of the following:

      (A) The consideration paid for the membership or shares by the first occupant of the unit involved, as shown on the books of the corporation.

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