DOES A WILLIAMSON ACT CONTRACT HAVE CONSTITUTIONAL STATUS?

摘要

This Article will explore the legal nature of contracts made between California counties and landowners ("Act Contracts") pursuant to the Land Conservation Act of 1965 ("Williamson Act" or the "Act"). By analyzing the different ways Act Contracts aremodified, cancelled, rescinded, Or breached, this Article will show that Act Contracts are exactly what they claim to be - mere contracts. Accordingly, they neither have nor deserve a higher status than ordinary contracts and do not enjoy a "Constitutional status" sometimes claimed by participating public agencies and the California Department of Conservation ("Department"). This Article will show the original intent of the Act was not to impart Constitutional status on Act Contracts and that the purposes of the Act are not served by claiming otherwise.