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Bldg. Indus. Ass'n of Cent. California v. County of Stanislaus, F058826

By FindLaw Staff on November 30, 2010 11:18 AM

Challenge to the facial validity of a county's Farmland Mitigation Program

Bldg. Indus. Ass'n of Cent. California v. County of Stanislaus, F058826, concerned a suit by the Building Industry Association of Central California (BIA), challenging the facial validity of the County and the County Board of Supervisor's Farmland Mitigation Program (FMP), requiring that a developer dedicate permanent easements as a condition of obtaining development approvals or permits from the County.

In reversing the trial court's judgment in favor of BIA in finding that the FMP was invalid on several grounds, the court held that mitigating the future loss of farmland through conservation easements bears a reasonable relationship to the burden caused by residential development.  The court also held that section 815.3(b)'s provision that prohibits a local government entity from conditioning the issuance of land use approvals on the applicant's granting of conversation easements does not invalidate the FMP.

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