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Geographic Information System (GIS)-Formatted Databases Are Public Records & Must Be Produced Upon Request At The Actual Cost Of Duplication.

August 16, 2013 by Leave a Comment

geographic information systemThe California Supreme Court’s opinion’s first paragraph speaks for itself: “Like many counties in California, Orange County (the County) maintains a large database of information about land parcels in a geographic information system (GIS) file format. With this database, called the OC Landbase, a user with appropriate software can create a layered digital map containing information for over 640,000 specific parcels of land in Orange County, including geographic boundaries, assessor parcel numbers, street addresses, and links to additional information on the parcel owners. The issue in this case is whether the OC Landbase is subject to disclosure in a GIS file format at the actual cost of duplication under the California Public Records Act or whether, as the County contends, it is covered by the statute’s exclusion of “[c]omputer software” (Government Code section 6254.9, subdivision (a)) — a term that “includes computer mapping systems” (Government Code section 6254.9, subdivision (b)) — from the definition of a public record. We hold that although GIS mapping software falls within the ambit of this statutory exclusion, a geographic information system GIS-formatted database like the OC Landbase does not. Accordingly, such databases are public records that, unless otherwise exempt, must be produced upon request at the actual cost of duplication.” Sierra Club v. Sup.Ct. (County of Orange)  (Cal. Sup. Ct.; July 8, 2013) 57 Cal.4th 157, [302 P.3d 1026; 158 Cal.Rptr.3d 639].

Filed Under: Discovery Law News, Legal News, Public Entity Law News, Real Estate Education, Real Estate Law News

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