We’re relieved that after four long years, Santa Clara County
officials finally have clear and fair rules in place for the
Williamson Act.
We’re relieved that after four long years, Santa Clara County officials finally have clear and fair rules in place for the Williamson Act.
The state has been unhappy with the county’s administration of a property tax break granted to landowners who keep land in agriculture production.
The California Department of Conservation conducted an audit that found that the county had granted Williamson Act tax breaks to hundreds of landowners who didn’t meet the state’s guidelines. Lawsuits were threatened.
Because taxpayers who pay property taxes are subsidizing Williamson Act taxpayers, it’s absolutely just that the state and county make sure that only those landowners who meet the spirit and letter of the law receive the tax break.
We completely disagree with San Jose land-use attorney Barton Hechtman, who told supervisors, “The county doesn’t have the right to unilaterally change (Williamson Act contracts) or add terms to how they are administered.”
The county not only has the right, it has the duty to comply with state law and to protect non-Williamson Act taxpayers from fraud.
Under the county’s new rules, which take effect in May, Williamson Act parcels must be, at least, 10 acres for prime land, which is used for row crops and orchards, and 40 acres for non-prime land, which is used for ranching.
Modest income requirements allow people with smaller parcels that conduct high levels of farming to qualify for the tax break. New procedures are in place so that Williamson Act landowners prove that they continue to qualify for the tax break each year.
In the coming weeks and months, approximately 1,200 Williamson Act landowners in Santa Clara County who do not meet these rules will receive notices that their contracts will be canceled. Those landowners can appeal to county supervisors.
This will be a difficult process that will prove the truth of County Supervisor Don Gage’s assessment: “No matter what we do, we can’t make everybody happy. No matter what we passed, it’s not going to fit into somebody’s shoes.”
But it’s important for all Santa Clara County residents and property taxpayers, the vast majority of whom do not enjoy a Williamson Act property tax break, that the county properly administer this program in compliance with state law.
We’re glad that difficult task is under way.
