§ 14-128. Acquisition of agricultural easements by purchase or donation.

(a)

General. The county may purchase conservation easements in agricultural and/or open space lands. All applications for the purchase of conservation easements will be evaluated based upon a farmland ranking system to be developed by the farmland board and made available to the public. Highest priority will be given to farms located within an approved APA and voluntary agricultural district. There may be instances when purchasing agricultural conservation easements on small farms outside of the APA may serve county citizens well. Applications will be ranked based upon various site factors, such as the level of development pressure and agricultural production capability. Conservation easements may be purchased in accordance with the ranking of farm properties and the availability of allocated funds. Compensation for conservation easements will be based on the farmland board's determination of the difference between fair market value and agricultural or open space value appraisals. The purchase price will be subject to negotiation. Typically all purchase and donation negotiations will be conducted by assigned county staff and recommended to the BOCC for their review and approval.

(b)

Description. The purchase of conservation easements is legally binding, restricting the owner and future owners to agricultural and/or open space use of the land. The conservation easements will be held in public trust by the county.

(c)

Minimum eligibility criteria. The agricultural and/or open space land must be at least 20 acres in size or contiguous to at least two qualifiable farms which will create a tract of not less than 20 acres and be in agricultural and/or open space use or be of such significant agricultural, open space, or environmental importance that the minimum 20 acre size will be waived upon recommendation of staff.

(d)

Application procedure. A request for consideration must be submitted to the farmland board through the cooperative extension service, county soil and water conservation district, the county open space staff or local USDA FSA Center.

(e)

Review and ranking of applications. The farmland board will review and rank each of the applications using the farmland ranking system.

(f)

Acquisition/donation of conservation easements.

(1)

The BOCC will consider the purchase or donation of conservation easements upon the recommendation of the farmland board after staff review of the property and preliminary negotiations with the property owner.

(2)

County staff assigned to the easement program will adopt guidelines and procedures to include the following in both the purchase and donation of conservation easements:

a.

Farmland and open space property and resource appropriateness for inclusion into program.

b.

Negotiation with landowner to determine easement parameters, reserved rights, restrictions and county interests.

c.

Development of preliminary easement language.

d.

Baseline report documentation.

e.

Information to property owner for required surveys, appraisals, deeds, titles and other necessary documentation.

f.

Negotiation with landowner on purchase price of easement if applicable.

(3)

The county attorney will review all pertinent information to ensure all documents are proper and legal for execution of documents conveying the conservation easements to the county.

(4)

The county attorney or his/her designee will negotiate the final easement language with the landowners legal representative and with review of assigned county staff.

(5)

The final signed and recorded easement and supporting documentation will be permanently archived in the Durham County administrative offices with copies provided for the landowner, county open space staff, the farmland board and the soil and water conservation district office.

(6)

For both purchased and donated conservation easements the county will determine appropriate expenses the landowner incurs that may be reimbursable by the county.

(g)

Public disclosure. During negotiations concerning the purchase or acceptance of conservation easements, information will be kept confidential, as allowed by law. Following an agreement between the landowner and the BOCC, information may be made public as provided by law. Following closing of each acquisition, information may be made public as provided by law.

(Ord. No. 7-12-99, § III; Ord. of 5-27-03)