§ 14-92. Public hearings prior to condemnation.

(a)

Purpose. Pursuant to G.S. 106-740, no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the local agricultural advisory board to hold a public hearing on the proposed condemnation.

(b)

Procedure.

(1)

Upon receiving a request from an applicant, the farmland board shall publish notices describing the proposed action in the appropriate newspapers of the area within two days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within 30 days of receipt of the request.

(2)

The farmland board will meet to review:

a.

If the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency.

b.

Alternatives to the proposed action that are less impactive and disruptive to the agricultural activities and farmland base of the voluntary agricultural district within which the proposed action is to take place.

(3)

The farmland board will consult with the county cooperative extension service agent, NRCS and soil and water district personnel, director of planning, and may consult with any other individuals, agencies or organizations, public or private, necessary to the farmland board's review of the proposed action. Land value will not be a factor in the selection between properties under consideration for the proposed action.

(4)

Within ten days after the pubic hearing, the farmland board will make a report containing its findings and recommendations regarding the proposed action. The report will be made available to the public for comment prior to its being conveyed to the decision-making body of the agency proposing acquisition.

(5)

Pursuant to G.S. 106-740, the county will not permit any formal initiation of condemnation by local agency action while the proposed condemnation is properly before the farmland board within these time limitations.

(Ord. of 5-b3-96, § A-7; Ord. of 5-27-03)