I blogged previously about a court case involving Santa Clara County in California that was decided in favour of free and open access to county GIS data under California's Public Records Acts (PRA).
May 31 a different California appelate court decided in favour of Orange County which charges $375,000 for their parcel database. After trying to obtain Orange County's parcel file at the cost of reproduction, in 2009 the Sierra Club initiated a lawsuit against Orange County under the PRA. In 2010, the Superior Court decided that the PRA exempts GIS databases from public record disclosure because the court concluded that they are "computer software developed by a state or local agency". A California appellate court agreed with the Orange County Superiro Court that a GIS database is covered by the PRA software exclusion because it concluded that "computer mapping systems" as defined by the PRA includes software and data.
Since this decision conflicts with the another California appellate court's decision in the case of Santa Clara County, it may take a California Supreme Court decision to resolve the issue.
Thanks to Bruce Joffe for pointing me to this.
My question is that if I pay them the $375k, do I get a copy of their Oracle Spatial and SDE? Sounds like a good deal to me.
Posted by: James Fee | June 06, 2011 at 06:06 PM
Great question James, I'd like to see Orange County's response to that one.
A project I am currently on we have ran into this same issue across the country. With revenues down for many gov't agencies some see these GIS requests as a revenue stream, but if the data capture & maintenance is paid for with public dollars then isn't said data public? Furthermore, if company X is paying some sort of franchise fee to operate within the county is it out of line for them to expect access to this data? My answer is "No". What do they get for those franchise fees? The privilege of doing business there and that's it?
It'll be interesting to see where this one goes.
Posted by: Evan Wagner | June 16, 2011 at 07:17 PM