§ 14-130. Repurchase of conservation easements.

(a)

General. The designation of agricultural priority areas and the subsequent purchase of conservation easements is intended to create areas with sufficient amounts of contiguous agricultural and/or open space land to facilitate the permanent agricultural and/or open space of use of the land. While program activity will be directed toward that goal, success is dependent on the voluntary participation of landowners. If a landowner or several owners of small tracts are the only participants in their area, the goal may not be achieved. These landowners could become land locked by development and agricultural activity and/or open space use may become impractical. In such a situation it may be in the best interest of the landowner and the public to allow repurchase of the conservation easements for the property in question. Other circumstances could also affect a property's suitability for continued agricultural and/or open space use. Repurchase of conservation easements by a landowner is foreseen as an unusual and infrequent occurrence, and would take place with the concurrence of the farmland board and the BOCC.

(b)

Repurchase procedure. A landowner requesting a review of his property for possible repurchase of conservation easements should do so by certified letter to the Durham County manager. The letter should state the reason for the request and the date that the property was entered into the program. Upon approval in principle to the repurchase, the landowner must submit two appraisals of value for the property in question. One appraisal will establish the fair market value of the property at its current highest and best use. The second appraisal will establish the value of the property for agricultural or open space use. Other appraisals will be secured as necessary. The farmland board will review the appraised values and recommend to the BOCC to either repurchase the property or decline to repurchase the property. If a repurchase price is approved by the farmland board of commissioners, the landowner will be notified. If the price is acceptable to the landowner, he/she will submit a written offer to purchase the conservation easements. If this offer is granted by the county, closing proceedings will begin. The county may accept the bid and advertise for upset bids. When legal documents are prepared and adequate financing is available, a date, time, and location for closing will be agreed upon. Payment shall be made directly to the county at closing by a certified check or equivalent payment.

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