When it comes to fixing Santa Clara County
’s Williamson Act mess, we’re beginning to feel like a broken
record. But as we review the sputtering process to clean it up, we
feel our recipe for redemption bears repeating.
When it comes to fixing Santa Clara County’s Williamson Act mess, we’re beginning to feel like a broken record. But as we review the sputtering process to clean it up, we feel our recipe for redemption bears repeating.
First the county must write clear, easily understandable and enforceable rules that closely follow the letter and the spirit of the state’s Williamson Act.
According to a Williamson Act fact sheet published by the California Department of Conservation, which enforces the Williamson Act, the law was intended to prevent unnecessary conversions of farm land and open space to urban use by granting tax breaks to land owners who agree to meet the law’s criteria for 10 years.
But that’s not what has happened in many cases in Santa Clara County, as County Assessor Larry Stone admits.
“There’s no question that there’s substantial abuse of the Williamson Act provisions,” Stone told reporter Matt King. “The purpose of the act is not to provide a tax break for rural homeowners.”
The county needs to direct its lawyers and planners to fully understand the state law, and then to craft county rules that will be in compliance with the Williamson Act. Moreover, the county must enlist Stone’s office to become a part of the process and share vital information with county planners so that which properties are in the Williamson Act become clear to everyone.
After the new rules are drafted, the county should send non-renewal – eviction – notices to all property owners who are non-compliant. At this point it would be a good idea to let every Williamson Act property owner know that big changes are looming. That way, if landowners want to rekindle a viable agriculture operation they can do so before being ousted from the Williamson Act.
It’s time to end what has been, in effect, an unfair tax subsidy for Williamson Act homeowners by the majority of county property taxpayers.
It’s also time to end the fantasy that the state will agree to or create an amnesty program that allows the county to avoid the unpleasant business of removing property from the Williamson Act which will incur fines associated with leaving the Williamson Act.
County Supervisor Don Gage, Stone, County Executive Pete Kutras and County Counsel Ann Ravel, unfortunately, have to bear the brunt of county government’s lax administration of the Williamson Act.
Finally, in order to avoid future problems, the county needs to establish a program of random checks of landowners holding Williamson Act contracts to make sure they’re still in compliance with the requirements of their tax breaks.
It’s not going to be easy, it’s not going to pay great political dividends. No one wants to be associated with raising taxes and fixing a bureaucratic mess. But it’s the right thing to do because it protects Santa Clara County taxpayers, and that’s the most important job of our elected and appointed officials.
