Assembly Bill 707 (Ackerman – 1998)
Chapter 14, Statutes of 1998
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As enacted, Assembly Bill 707 added Civil Code section 784, repealed Civil Code section 1464, and amended Code of Civil Procedure section 336, relating to real property restrictions. (See Exhibit #1e) Assembly member Dick Ackerman introduced Assembly Bill 707 on February 26, 1997 at the request of the California Law Revision Commission [“CLRC” or “the Commission”]. (See Exhibits #1a and #3)
Assembly Bill 707 was assigned to the Assembly Committee on Judiciary and the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibits #3 and #5) Three amendments were made to Assembly Bill 707. (See Exhibits #1b through #1d and #2) Subsequent to legislative approval, Governor Pete Wilson signed the bill on April 6, 1998, and it was recorded by the Secretary of State on April 7, 1998 as Chapter 14 of the Statutes of 1998. (See Exhibits #1e and #2)
The Office of Senate Floor Analyses’ Consent analysis of Assembly Bill 707 as last amended on March 4, 1998 gives the following summary of the provisions of the bill, stating:
This bill would repeal Section 1464 of the Civil Code, which provides that a covenant affecting something not in being does not run with the land unless the word “assigns” is mentioned. The bill also would provide that the statutory limitation period applicable to enforcement of a restriction on real property is five years.
(See Exhibit #7, page 1)