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California Government Code Section 831.5

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(a) The Legislature declares that innovative public access
programs, such as agreements with public land trusts, can provide
effective and responsible alternatives to costly public acquisition
programs.  The Legislature therefore declares that it is beneficial
to the people of this state to encourage private nonprofit entities
such as public land trusts to carry out programs that preserve open
space or increase opportunities for the public to enjoy access to and
use of natural resources if the programs are consistent (1) with
public safety, (2) with the protection of the resources, and (3) with
public and private rights.
   (b) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7,
"public entity" includes a public land trust which meets all of the
following conditions:
   (1)  It is a nonprofit organization existing under the provisions
of Section 501(c) of the United States Internal Revenue Code.
   (2)  It has specifically set forth in its articles of
incorporation, as among its  principal charitable purposes, the
conservation of land for public access, agricultural, scientific,
historical, educational, recreational, scenic, or open-space
opportunities.
   (3)  It has entered into an agreement with the State Coastal
Conservancy for lands located within the coastal zone, as defined in
Section 31006 of the Public Resources Code, with the California Tahoe
Conservancy or its designee for lands located within the Lake Tahoe
region, as defined in subdivision (c) of Section 66953 of the
Government Code, or with the State Public Works Board or its designee
for lands not located within the coastal zone or the Lake Tahoe
region, on such terms and conditions as are mutually agreeable,
requiring the public land trust to hold the lands or, where
appropriate, to provide nondiscriminatory public access consistent
with the protection and conservation of either coastal or other
natural resources, or both.  The conservancy or the board, as
appropriate, shall periodically review the agreement and determine
whether the public land trust is in compliance with the terms and
conditions.  In the event the conservancy or the board determines
that the public land trust is not in substantial compliance with the
agreement, the conservancy or the board shall cancel the agreement,
and the provisions of Sections 831.2, 831.25, 831.4, and 831.7 shall
no longer apply with regard to that public land trust.
   (c) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7,
"public employee" includes an officer, authorized agent, or employee
of any public land trust which is a public entity.

Last modified: January 12, 2009