County Superior Court Rules Parcel Data Not Public Record
All Points Blog: An Orange County, California judge ruled this week that the parcel data requested by the Sierra Club is not available at the cost of duplication, as are other data under the state’s Public Records Act. Instead, the judge ruled, that dataset is considered software, and thus is exempt from that regulation. The Club and others will continue to be charged $375,000 for the data, until an expected appeal. Our editors unravel the case, the ruling and the implications of the decision.
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Source: By Joe Francica and Adena Schutzberg, Directions Magazine. Posted June 1, 2010.
Kevin Pomfret, in his blog Spatial Law and Policy, “found the judge to be saying that spatial data is software as that terms is currently defined in the applicable section of the code. That is a subtle but important distinction because it suggests that the best way to address the question is not through litigation, but by putting pressure on the legislature to make the definition more accurate.” Posted June 10, 2010.