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Sell a Fire Damaged House in The Rural County

Out in the county the second question takes over. A farmhouse sits on land that may be under an agricultural contract, and that contract does not care who owns the property or that there has been a fire.

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Contract
Rolling ten year termGovernment Code 51244
Binds
All successors in interestRuns with the land
Nonrenewal
Nine year phase outNo fee
Cancellation
12.5 per centOf unrestricted market value

The Contract Outlasts the Owner

Williamson Act contracts run with the land and are binding on all successors in interest. They do not end on a sale, on a death, or on a fire.

And they renew themselves. Under Government Code section 51244 a year is added automatically on each anniversary date unless a notice of nonrenewal is given, which means the remaining term never gets shorter while the contract is running. The framework is on our page covering the contract and the title.

Can I Get out of It Because of the Fire?

Not on that basis. The exits are nonrenewal, which cannot be filed during the first ten years and then takes nine years to unwind with no fee, and cancellation, which is immediate but requires the board of supervisors to make specific findings under section 51282 and a fee of 12.5 per cent of unrestricted fair market value. The courts have held these contracts cannot be terminated merely because development would be desirable or profitable, and a fire does not change that.

Rebuilding Is Usually the Question, Not Exiting

Worth reframing, because owners assume a contract blocks them. Residential use consistent with the agricultural operation is generally what these parcels contemplate, and putting a farmhouse back is not the same as developing the land.

What matters is that the contract restricts use separately from zoning. The parcel has an underlying zoning designation and the contract sits on top of it, so rebuilding raises two questions and an answer to one is not an answer to the other. Both go to the county.

Which Office Do I Ask?

The county planning department for the contract and the zoning together, and the assessor for how the parcel is currently assessed and whether any notice of nonrenewal has been filed and recorded. Those are two calls and they are the two calls worth making before deciding anything about the building.

We publish no contract determinations, zoning conclusions or values for individual rural county properties. Fresno County holds those records and will state the position for a parcel.

Farmland Security Zones Are Tighter Again

Some parcels sit under the stricter version. FSZ contracts carry a minimum initial term of twenty years, the nonrenewal countdown runs nineteen years rather than nine, and the cancellation fee doubles to twenty-five per cent of unrestricted fair market value.

Which one applies to your parcel is a matter of record rather than inference, and the difference between the two is substantial enough to be worth confirming rather than assuming.

Manufactured Homes Are Common Out Here Too

Both questions frequently apply to the same property. Farm properties often carry a manufactured home, sometimes as the main dwelling and sometimes as a second unit for family or workers.

Where there is no recorded 433A that home is personal property with its own HCD title, and it does not transfer with the land. On a rural parcel with several structures it is worth establishing what each one legally is.

Distance Widens the Offers

Away from the city, contractors price travel and buyers price uncertainty about access and services. That spreads the offers on the same property, because those who have visited price accurately and those who have not guess.

The Rural County in Context

Where manufactured homes are commonest inside the city, see our page about southeast Fresno and Sunnyside. Where neither question usually applies, see our page for Clovis.

The Sections That Govern Contracted Land

The California Land Conservation Act of 1965 sits at Government Code section 51200 and following. Section 51244 adds a year automatically to a minimum 10 year term; section 51245 governs nonrenewal, which runs 9 years; section 51282 requires findings and a 12.5 per cent cancellation fee.

Farmland Security Zone contracts run a minimum 20 years, take 19 years to unwind and carry a 25 per cent fee. Roughly 10 million acres statewide are enrolled.

Rural County Questions

Is My Parcel Under Contract?

The county and the title report both show it. Acreage and agricultural assessment are the strongest signals to check.

Can I Rebuild the Farmhouse?

Generally the question is what the contract and the zoning each permit. Ask the county both, because one does not answer for the other.

Will You Buy Contracted Land?

Yes. A contract runs with the land and we price it rather than treating it as a reason to walk away.

Send the The Rural County Address

We will check the title position, the land position and what survived, then send a written figure with the arithmetic behind it.

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